[ Rev Rabi Anghu ]
In a democracy that upholds religious freedom as a fundamental right, the Arunachal Pradesh Freedom of Religion Act (APFRA), 1978 stands as a blatant contradiction to the Indian Constitution. While the law claims to prevent forced conversions, in reality, it serves as a tool to curtail religious freedoms, particularly targeting Christian communities. The fact that the law remained dormant for 45 years without rules is now being suddenly revived raises serious legal, constitutional, and moral concerns.
Why APFRA is unconstitutional
The Indian Constitution is the highest authority in law, guaranteeing every citizen the right to profess, practice, and propagate their religion freely. However, the APFRA directly contradicts three key fundamental rights enshrined in the Constitution:
- Violation of Article 25: Article 25 states that every person has the right to freely choose, practice, and propagate their religion. The APFRA imposes bureaucratic restrictions on religious conversion by requiring individuals to inform the deputy commissioner before changing their faith. This directly curtails personal religious freedom and introduces government interference in what should be a private, personal decision.
- Violation of Article 14: The law discriminates against religious minorities, especially Christians, by placing unnecessary scrutiny on conversions while ignoring the conversions that happen within the majority community. This selective enforcement creates legal inequality, violating Article 14, which guarantees equal treatment before the law.
- Violation of Article 21: Religious belief is deeply personal and should not require state approval or interference. By restricting a person’s right to change their faith without official notification, the APFRA curtails personal liberty and denies people their constitutional right to make spiritual choices without fear of punishment.
Why APFRA is a tool of discrimination, not protection
- Lack of evidence of forced conversions:
The main justification for the APFRA is that it seeks to prevent forced conversions. However, no credible evidence exists to show that mass conversions have been occurring under coercion or fraud in Arunachal Pradesh. Instead, the law is being misused to harass Christians and religious minorities under the false pretext of protecting people from forced conversions.
- Existing laws already penalise fraudulent conversions: If coercion or fraud occurs in religious conversions, the Indian Penal Code (IPC) already has strict laws against fraud, cheating, and forceful actions. Why does Arunachal need a special law that only targets religious conversion? The reality is that the APFRA is not about protecting people – it is about controlling religious minorities.
- Why was APFRA dormant for 45 years?
If the government itself did not frame rules for 45 years, doesn’t this mean that the law was unnecessary to begin with? If the law was not enforced for decades, it raises serious constitutional questions:
Can a law suddenly be revived after being dormant for nearly half a century?
If it was truly needed, why didn’t the government frame rules and enforce it earlier?
Is the sudden revival of this law a political move rather than a legal necessity?
How APFRA threatens social harmony and peace
- Encourages harassment and false cases:
In states where similar laws exist, they have been routinely misused to harass pastors, Christian missionaries, and individuals who choose to convert. False cases have been filed to intimidate and suppress religious minorities, creating a climate of fear and insecurity.
- Promotes religious divisions: By placing legal restrictions on religious conversion, the APFRA fosters religious hatred and deepens divisions between communities. It makes Christian missionaries, pastors, and believers look like criminals, even when they are practicing their faith peacefully.
- Threatens democracy and fundamental rights: India is a secular nation, meaning that the government should not interfere in religious matters unless there is clear evidence of wrongdoing. Laws like the APFRA violate the secular fabric of the nation by allowing the state to dictate who can convert and under what conditions.
What can be done?
This unconstitutional and unnecessary law must be challenged through legal and democratic means.
- Legal challenges in the courts: Lawyers and constitutional experts should file fresh PILs challenging the APFRA as a violation of Articles 14, 21, and 25. The Supreme Court must intervene and strike down the law as unconstitutional.
- Parliamentary and legislative action:
The Arunachal Pradesh Legislative Assembly should be pressured to repeal the law since it was never enforced for 45 years.
The Parliamentary Committee on Subordinate Legislation should investigate why the government failed to frame rules and whether the law should still exist.
- Awareness and public mobilization: Journalists, activists, and educators should spread awareness about how the APFRA is being misused to target religious minorities. Christian organisations and civil society groups should mobilise peaceful protests and campaigns to protect religious freedoms.
A law that has no place in a secular democracy
The Arunachal Pradesh Freedom of Religion Act, 1978 is a law designed to restrict religious freedoms under the false pretext of preventing forced conversions. It has remained dormant for 45 years, proving its lack of necessity, yet is now being suddenly revived for questionable motives.
This law violates the Constitution, threatens peace, and endangers democracy. If India is truly a secular and democratic country, such discriminatory laws have no place in our legal system. It is time for citizens, lawmakers, and the judiciary to stand up against the APFRA and similar anti-conversion laws that serve no purpose other than suppressing religious minorities.
Religious freedom is not a privilege – it is a fundamental right. It must be defended at all costs.(The views expressed are personal.)
