The Goa Cabinet’s decision to approve the Prohibition of Unlawful Conversion of Religion Bill for introduction in the forthcoming monsoon session appears to be a solution desperately searching for a problem. With punishments extending to 10 years for religious figures and, in certain cases, 14 years or even life imprisonment, the proposed law carries an unmistakably punitive intent. More troublingly, it seeks to institutionalise suspicion in a State celebrated for its enduring communal harmony. Goa’s social fabric has been shaped by centuries of shared traditions and peaceful coexistence of different communities. Christians and Muslims together account for more than 35% of the State’s population, yet everyday life has never been defined on communal lines. Goa’s distinctive social ethos, reflected in its shared festivals and cultural life, has made interaction across religious lines a matter of routine. So, why did the government feel a pressing need to bring about an anti-conversion bill, that too in the run-up to a crucial Assembly election? At its core, this approach appears to assume that adult citizens are incapable of making independent decisions about their own beliefs. Requiring individuals to inform or seek the approval of the State before exercising their freedom of conscience raises serious questions about personal autonomy and privacy. Article 25 of the Constitution guarantees the freedom of conscience and the right to profess, practise and propagate religion. Any law that places excessive procedural barriers before an individual seeking to change faith must therefore withstand the strictest constitutional scrutiny. Bringing a law that places personal faith under greater State scrutiny risks disturbing the very harmony Goa upheld all this while. Moreover, even if we go by records, there is no compelling evidence to justify the move. Official police records show that only four cases of alleged unlawful conversion were registered across Goa over five years. And none of these cases ultimately stood the test of judicial scrutiny.
The 2022 case involving a Siolim-based pastor and his wife explains it all. They were arrested on allegations of “coercive conversion”, only for the High Court to quash the proceedings after the police themselves admitted that they had no evidence to support the charges. When the State’s own law-enforcement machinery has failed to establish the existence of any unlawful conversions, the basis for such sweeping legislation becomes suspicious. Secondly, why is the government reviving a proposal that earlier ran into stiff resistance? In July last year, Chief Minister Pramod Sawant attempted to introduce the proposal in the Assembly. He faced sharp opposition, not only from members of the Opposition, but also from legislators and allies within the ruling coalition. Several members pointed out that existing criminal laws, now covered under the Bharatiya Nyaya Sanhita, already provide sufficient provisions to deal with fraud, intimidation and coercion.
The renewed push for the bill, that too in a hurried 3-day session, therefore raises questions about whether it is driven by any genuine community concern or is a broader political template that seeks to polarise people. Or is the Goa dispensation trying to placate the political bosses by following the path of other BJP-ruled States? Neighbouring Maharashtra recently became the 12th state to notify a Freedom of Religion Act. Goa scores higher in terms of prescribing life imprisonment, unlike in other States. Goa does not need to import laws tailored for very different social and political circumstances. Turning a state known for its social harmony into another arena for manufactured cultural conflict will serve no public purpose. It can only create distrust where trust has endured for generations.
