The Home Ministry has been informed by Law Ministry that the anti-conversion issue is purely a "state subject" and the Union government has no jurisdiction for enacting any legislation in this regard, official sources said.
Any such move will not only be legally untenable, it will also go against the basic tenets of the Constitution, the Law Ministry told the Home Ministry.
The Law Ministry's opinion came after Home Ministry sought a clarification in the matter following demands by some Sangh Parivar outfits which was backed by some BJP ministers at the Centre.
Home Minister Rajnath Singh had questioned the practice of conversions and advocated a debate on the need for an anti- conversion law.
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"There are sometimes rumours and controversies about 'Ghar Wapsi' and conversions. Why should there by any conversion at all?
"In other countries, it is the minorities which ask for anti-conversion law. Here, we are only saying that there should be an anti-conversion law. There should be debate over it. We must think on bringing an anti-conversion law. I humbly request all of you to think over it," Singh had said at a function of state minority commissions last month.
The laws do not ban conversion so long as it is voluntary.