INTERIM REPORT ON FUNDAMENTAL RIGHTS 17
An Hon’ble Member : The whole clause 11.
Mr. President : Yes, the whole clause 11.
The clause was remitted.
C LAUSE 17
*The Hon’ble Sardar Vallabhbhai Patel : Sir, I move Clause 17.
“Conversion from one religion to another brought about by coercion or undue influence shall not be recognised by law.”
Mr. K. M. Munshi : Sir, I beg to move the following amendment:
“That for clause 17 substitute the following clause: Any conversion from one religion to another of any person brought about by fraud, coercion or undue influence or of a minor under the age of 18 shall not be recognised by law’ ”
†Dr. B. R. Ambedkar : Mr. President, Sir, I am sorry to say that I do not find myself in agreement with the amendment which had been moved by Mr. Munshi relating to the question of the conversion of minor children. The clause, as it stands, probably gives the impression to the House that this question relating to the conversion of minors was not considered by the Fundamental Rights Committee or by the Minorities Sub-Committee or by the Advisory Committee. I should like to assure the House that a good deal of consideration was bestowed on this question and every aspect was examined. It was, after examining the whole question in all its aspects, and seeing the difficulties which came up, that the Advisory Committee came to the conclusion that they should adhere to the clause as it now stands.
Sir, the difficulty is so clear to my mind that I find no other course but to request Mr. Munshi to drop his amendment.
With regard to children, there are three possible cases which can be visualised. First of all, there is the case of children with parents and guardians. There is the case of children who are orphans, who have no parents and no guardians in the legal sense of the word. Supposing you have this clause prohibiting the conversion of children below 18, what is going to be the position of children who are orphans ? Are they not going to have any kind of religion ? Are they not to have any religious instruction given to them by some one who happens to take a kindly interest in them ? It seems to me that, if the clause as
*CAD, Vol. III, 1st May 1947, p. 488.
† Ibid., Vol. III, 1st May 1947, pp. 501-2