A/HRC/10/8/Add.3
page 6
example has for its object the promotion of enmity between different groups on grounds of
religion, can be punished with up to two years’ imprisonment. Under specific circumstances, the
punishment can be death or imprisonment for life, for example if a member of an unlawful
association was in possession of any unlicensed firearms, ammunition or explosive and
committed an act that resulted in the death of any person.
10. According to article 26 of the Indian Constitution, every religious denomination or any
section thereof shall have the right to manage its own affairs in matters of religion, subject to
public order, morality and health. Diverse personal status laws exist governing all family
relationships such as marriage and divorce, maintenance, custody of children, guardianship of
children, inheritance and succession, adoption etc. There are five broad sets of personal status
laws: one for Hindus, Buddhists, Jains and Sikhs as well as separate laws for Christians, Jews,
Muslims and Zoroastrians (Parsis). Hindu and Muslim personal status laws also cater to different
schools of thoughts within each community. Family law is a concurrent subject in the
Constitution allowing each state as well as the Centre to legislate on it. For example, people
residing in the Indian state of Goa are governed by the Portuguese Civil Code of 1867.
Furthermore, the school of law applicable to Hindus can also depend on the region from which
the person comes. In addition, there is an over-aching secular civil law, the Special Marriage
Act 1954, which a person may opt for. All legal norms, like succession etc., will apply
according to the law under which a couple marries and all personal status laws based on religion
have different sets of rights. For example, Muslim marriages can be polygamous, however, those
who convert to Islam after having married under another personal status law cannot avail
themselves of the principles of Muslim personal law. There is rich jurisprudence in India,
resolving inequalities within and amongst personal status laws of different communities,
especially with regard to women’s rights. One of the Directive Principles of State Policy
(article 44 of the Constitution of India) stipulates that the “State shall endeavour to secure for the
citizens a uniform civil code throughout the territory of India”. However, this has not been
implemented as a uniform civil code raises controversy amongst various religious leaders and
faith groups.
11. A number of Indian states have adopted specific laws which seek to govern religious
conversion and renunciation. Five states have passed and implemented the so-called Freedom
of Religion Acts (Orissa, Madhya Pradesh, Chhattisgarh, Gujarat and Himachal Pradesh).
Similar laws have been passed but not yet implemented in two other states (Arunachal Pradesh
and Rajasthan). All of these laws stipulate that “no person shall convert or attempt to convert,
either directly or otherwise, any person from one religious faith to another by the use of force
or by inducement or by any fraudulent means nor shall any person abet any such conversion”.
The term “force” is defined to “include a show of force or a threat for injury of any kind
including threat of divine displeasure or social excommunication”. These laws carry penalties
of imprisonment and fines with harsher penalties in case children, women or persons
belonging to the Scheduled Castes or Scheduled Tribes are forcibly converted. Furthermore,
in some states anyone converting another person from one religion to another is required to
obtain prior permission from state authorities thirty days before the date of such intended