Today, On 30th April, The Supreme Court said, “We have to hear other side first then,” as it scheduled the hearing on pleas against anti-conversion laws in May, stressing the importance of hearing all sides before giving any ruling.
New Delhi: The Supreme Court announced on Wednesday that it plans to hear petitions challenging anti-religious conversion laws across India in May.
These laws are intended to address religious conversions that are forced or unlawful. However, critics contend that these laws are being abused to target particular religious groups and that they infringe upon individuals’ freedom to choose their religion.
A Bench comprising Chief Justice of India (CJI) Sanjiv Khanna and Justice P.V. Sanjay Kumar suggested that the matter requires a more thorough hearing when it was briefly addressed today.
CJI Khanna stated,
“We need to hear this. List it in the week commencing May 13, 2025,”
It is worth noting that CJI Khanna is scheduled to retire from his position on May 13.
In the meantime, advocate Ashwini Upadhyay defended the challenged anti-conversion laws, claiming that thousands of Hindus are being unlawfully converted to other religions daily. Upadhyay has filed a public interest litigation (PIL) against unlawful religious conversions.
Upadhyay stated,
“My Lord, conversion is waging war. Ten thousand Hindus are converted everyday,”
However, the Court was not inclined to hear his arguments today without first hearing from the other petitioners.
The Bench said,
“Why are you arguing? Have we heard the other side. We have to hear them first then,”
The laws being challenged in various petitions before the Supreme Court include the Himachal Pradesh Freedom of Religion Act, 2019, the Madhya Pradesh Freedom of Religion Ordinance, 2020, the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Ordinance, 2020, and a similar law in Uttarakhand.
In 2021, the Court also permitted the Jamiat Ulama-i-Hind to become a party to the case, following their allegation that numerous Muslims were being harassed nationwide through the invocation of these anti-conversion laws.
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.
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