Three years on from the date that Nepal adopted its new constitution, there are concerns about its ‘anti-conversion’ clause, which seemed designed to specifically protect Hinduism at the expense of other religions.
The clause, in Article 26 (3) of the constitution, states:
“No person shall, in the exercise of the right conferred by this Article, do, or cause to be done, any act which may be contrary to public health, decency and morality or breach public peace, or convert another person from one religion to another or any act or conduct that may jeopardize other’s religion and such act shall be punishable by law.”
These provisions were strengthened in the Penal Code 2017 which came into force in August 2018. Section 158 states that “No person shall convert any one from one religion to another or make attempt to or abet such conversion” and carries a punishment of up to five years imprisonment and a fine of up to fifty thousand rupees.
The criminalisation of conversion is a direct infringement on freedom of religion or belief as it robs individuals of the right to change their religion. These provisions also threaten the right to freedom of expression as they could be used to prohibit a range of legitimate expressions of religion or belief such as charitable activities or speaking about one’s faith.
Similar laws exist in Burma and several states in India, where they have been abused to foster social intolerance and violence towards peaceful religious activities. Recent events appear to confirm initial fears that the laws would have the same effect in Nepal.