Basics
- Issue: A petition before the Supreme Court seeks a ban on “deceitful” religious conversions and questions the constitutionality of State-level anti-conversion laws.
- Constitutional Context:
- Article 25: Provides freedom of conscience and right to profess, practice, and propagate religion, subject to public order, morality, and health.
- Supreme Court in Rev. Stanislaus vs State of MP (1977) upheld States’ power to regulate conversion by force, fraud, or inducement.
- State Laws: Around 10 States (UP, MP, Gujarat, Himachal, Uttarakhand, Karnataka, Haryana, Jharkhand, Chhattisgarh, Rajasthan) have enacted Freedom of Religion Acts, often termed “anti-conversion laws.”
- Recent Hearing (Sept 2025):
- Chief Justice B.R. Gavai asked who determines if a conversion is “deceitful.”
- Petitioners argue laws are restrictive; respondents defend their necessity.
- Court will reconsider the matter after six weeks.
Relevance:
- GS-II (Polity & Governance):
- Fundamental Rights (Article 25 – freedom of religion; Articles 14, 19, 21 – equality, liberty, life).
- Judicial review of State legislation (SC role in constitutional validity).
- Federalism: Centre vs State competence in religious matters.
- GS-I (Society):
- Inter-faith relations, social harmony, religious practices.
- GS-II (Governance):
- Criminal justice reforms (burden of proof, third-party complaints).
Overview
Constitutional and Legal Dimensions
- Right to Freedom of Conscience: Protected under Article 25; scope of “propagation” does not necessarily extend to conversion.
- State Regulation: Laws seek to prevent conversions through coercion, fraud, or inducement.
- Judicial Role: SC has clarified its role is to test constitutionality, not legislate.
- Burden of Proof: Some State laws place it on the individual converting, raising constitutional questions.
Federalism
- Religion-related matters fall under the Concurrent List. States have legislated individually, sometimes using other States’ laws as models.
- Debate exists over whether a uniform central framework or diverse State laws are more appropriate.
Individual Rights and Society
- Marriage and Conversion: Many laws scrutinize inter-faith marriages linked to conversion.
- Right to Choice: Questions arise over balancing personal autonomy with State interest in regulating conversions.
- Chilling Effect: Concerns raised that ordinary religious practices could be subjected to suspicion.
Criminal Justice and Governance
- Punishment Provisions: Some Acts provide for stringent penalties, including extended imprisonment.
- Third-Party Complaints: Provisions allowing unrelated individuals to initiate proceedings create scope for wide application.
- Implementation: Conviction rates remain limited; many cases end in prolonged litigation.
Political and Social Dimensions
- Legislative Intent: Governments argue laws are preventive in nature, safeguarding vulnerable groups from coercion.
- Social Context: Critics argue laws may impact interfaith relationships and minority communities.
- Polarization Risk: Debate around conversions often intersects with political and electoral narratives.
Judicial Outlook
- Pending Issues: SC will examine if provisions violate Articles 14, 19, 21, and 25.
- Possible Judicial Outcomes:
- Striking down specific provisions (burden of proof, third-party locus).
- Upholding core objectives of preventing forcible conversion.
- Issuing guidelines for uniform application.
