Today, On 28th November, Supreme Court has sought the Rajasthan government’s response to a petition challenging the validity of the Rajasthan Prohibition of Unlawful Conversion of Religion Act, 2025. The plea alleges the law contains arbitrary and unreasonable provisions that violate rights.
The Supreme Court requested the Rajasthan government’s response to a petition contesting the legitimacy of the Rajasthan Prohibition of Unlawful Conversion of Religion Act, 2025.
A bench consisting of Justices Vikram Nath and Sandeep Mehta issued a notice to the state, addressing a plea brought forth by the Peoples Union For Civil Liberties and others.
The bench consolidated this plea with other pending petitions that raise similar concerns.
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Senior advocate Sanjay Parikh represented the petitioners, while Solicitor General Tushar Mehta informed the court that akin matters are currently before the Supreme Court and suggested that this plea be associated with those cases.
The petitioners are seeking a declaration that the Act’s provisions are “arbitrary, unreasonable, illegal and ultra vires” the Constitution, and that they violate certain Articles, including Article 14 (equality before law) and Article 21 (protection of life and personal liberty).
Earlier, On November 17, the Supreme Court called for responses from the Rajasthan government and others regarding a different plea challenging the Act’s validity.
Earlier, on November 3, the Court had agreed to examine two distinct petitions questioning the constitutionality of various provisions of the law regarding illegal religious conversions that were enacted in Rajasthan.
In September, another Supreme Court bench requested the positions of several states on separate petitions seeking a stay on their respective anti-conversion laws.
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The Court had clarified that it would consider requests to suspend these laws once the responses were submitted.
At that time, the bench was reviewing a group of petitions challenging the constitutional validity of anti-conversion laws passed by several states, including Uttar Pradesh, Madhya Pradesh, Himachal Pradesh, Uttarakhand, Chhattisgarh, Gujarat, Haryana, Jharkhand, and Karnataka.
Legal Provisions on Religious Conversions in India
- Constitutional Right:
Article 25 of the Indian Constitution guarantees freedom of conscience and the right to freely profess, practice, and propagate religion. However, this right is subject to public order, morality, and health. - No Central Anti-Conversion Law:
India does not have a central law banning religious conversions. However, several states have enacted their own laws to regulate or restrict conversions. - State Laws (Anti-Conversion Laws):
At least 10 Indian states, including Madhya Pradesh, Uttar Pradesh, Gujarat, and Odisha, have laws that prohibit conversion by force, fraud, inducement, or allurement. These laws often require individuals to inform district authorities before converting. - Punishments:
Violations of these laws can lead to fines and imprisonment, with stricter penalties if the victim belongs to a Scheduled Caste, Scheduled Tribe, or is a minor or woman. - Judicial Review:
The Supreme Court has held in past rulings (e.g., Rev. Stanislaus v. State of Madhya Pradesh, 1977) that the right to “propagate” religion does not include the right to convert others by coercion or fraud.