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a religion. She highlights the fact that these aspects of the right to freedom of religion or belief
have an absolute character and are not subject to any limitation whatsoever. Mr. Amor already
stressed in an annual report to the Commission on Human Rights (E/CN.4/1997/91, para. 99)
that “it is not the business of the State or any other group or community to act as the guardian of
people’s consciences and encourage, impose or censure any religious belief or conviction”.
52. The Special Rapporteur would also like to refer to her report to the 60th session of the
General Assembly (A/60/399, paras. 40-68), in which she discussed the question of conversion
in greater detail. She notes that international human rights law clearly prohibits coercion that
would impair the right to have or adopt a religion or belief, including the use or threat of physical
force or penal sanctions to compel believers or non-believers to adhere to their religious beliefs
and congregations, to recant their religion or belief or to convert. Similarly, a general prohibition
of conversion by a State necessarily enters into conflict with applicable international standards.
5. Religion-based personal laws
53. Conversions are also addressed in some religion-based personal laws and some provisions
may lead to discrimination, for example in matters of succession. Conversion to another religion
by one spouse is a ground for divorce in some areas of personal law.
54. There is concern amongst women’s rights activists regarding several discriminatory
aspects, especially on the basis of gender, within personal laws governing each religious
community. Women’s groups recognise that religious minorities, particularly members of the
Muslim community, have been opposed to the enactment of a uniform civil code mainly because
according to religious Muslim leaders this would infringe upon their religious freedom and might
be biased in favour of the majority religion. Their arguments are nonetheless challenged by many
Muslims as well. The debate on upholding personal laws became heated after the Shah Bano
judgement, where the Supreme Court of India confirmed that Muslims were subject to the
secular criminal law of maintenance in the Criminal Procedure Code 1973.22 The Supreme Court
deprecated Muslim personal law for denying maintenance to a destitute woman by her former
husband three months after their divorce. This judgement was not well-received by some Muslim
groups and subsequently the Indian Parliament passed the Muslim Women (Protection of Rights
on Divorce) Act 1986, thus diluting the effect of the Supreme Court judgement. This Act gives
divorced Muslim women the right to “a reasonable and fair provision and maintenance to be
made and paid to her within the iddat23 period by her former husband”.
55. The All India Muslim Personal Law Board, constituted in 1972, led the agitation against
the Shah Bano judgement and arguably arrogated to itself the authority to speak on behalf of all
Muslims on matters of personal law. The Board also opposed a subsequent bill on compulsory
22
Supreme Court of India, Mohammad Ahmed Khan v. Shah Bano Begum and others,
judgement of 23 April 1985.
23
For a definition of “iddat” see section 2 (b) of the Muslim Women (Protection of Rights on
Divorce) Act 1986.