Today, On 16th September, The Supreme Court has listed petitions challenging anti-conversion laws across multiple states, raising concerns about interfaith marriages, freedom of religion, and civil liberties in India, with states given four weeks to file replies.
New Delhi: The Supreme Court on Monday heard petitions challenging anti-conversion laws in Uttar Pradesh, Madhya Pradesh, Himachal Pradesh, Uttarakhand, Chhattisgarh, Gujarat, Haryana, Jharkhand, and Karnataka.
A Bench comprising Justice B.R. Gavai and Justice K. Vinod Chandran heard arguments from senior advocates and state counsels on the complex legal issues arising from these laws.
Senior Advocate CU Singh highlighted the strict provisions of the UP anti-conversion Act, saying,
“In UP Act, there’s a minimum 20 year sentence with twin bail conditions & a reverse burden of proof. If someone marries interfaith, bail becomes virtually impossible. This is urgent several states have enacted such laws, Rajasthan has recently done so too.”
Singh also pointed out the issues in Madhya Pradesh law, requesting the court,
“I request that the interim stay on the MP Act be continued.”
He further argued,
“The 2024 amendments allow any third party to file complaints. This has led to widespread harassment couples in interfaith marriages, church observances disrupted, mobs intervening.”
Singh urged the Court to allow amendment applications in the pending Special Leave Petitions (SLPs).
Senior Advocate Indira Jaising also supported the continuation of the interim stay on the MP Act, while Senior Advocate Vrinda Grover stated that she had “filed IAs challenging amendments & seeking stay on UP and Haryana laws.”
State counsels, however, opposed immediate relief, stating,
“After 3 years they suddenly seek stay we’ll file replies.”
Another counsel raised concerns about conversions conducted through deception, seeking a ban.
The Chief Justice questioned,
“But who will decide what’s ‘deceitful’?”
The Supreme Court directed all concerned states to file their replies within four weeks and allowed two weeks for rejoinders.
The matter is listed for hearing after six weeks.
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.
Case Title: CITIZENS FOR JUSTICE AND PEACE V THE STATE OF UTTAR PRADESH AND ANR. W.P.(Crl.) No. 428/2020