The Supreme Court will take up multiple petitions concerning religious conversions on April 16. These pleas question the legality and implications of forced or fraudulent conversions across the country. The issue has sparked widespread debate over religious freedom and state regulations. The court’s hearing is expected to clarify the legal stance on the matter.
New Delhi: The Supreme Court is set to hear a series of petitions concerning religious conversions in the country on April 16. Some of these petitions challenge the anti-conversion laws enacted in various states, while others seek relief against forced conversions.
According to the April 16 cause list on the Supreme Court’s website, the matter will be addressed by a bench comprising Chief Justice Sanjiv Khanna and Justices Sanjay Kumar and K.V. Viswanathan.
Also Read: “Religious Conversion Open to All, But Requires Proof to be Voluntary”: Allahabad HC
During a hearing related to one of the petitions in January 2023, the Supreme Court remarked that religious conversions are a serious matter that should not be politicized.
The court requested the assistance of Attorney General R. Venkataramani regarding a plea that urged the Centre and states to implement strict measures to curb alleged fraudulent conversions.
This plea aimed to address “conversions occurring through intimidation, threatening, and deceitful luring with gifts and monetary benefits.”
In 2023, the Supreme Court instructed the parties contesting the anti-conversion laws in various states to submit a joint petition for the transfer of these cases from the high courts to the apex court.
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It noted that there were at least five such petitions pending before the Allahabad High Court, seven before the Madhya Pradesh High Court, two each before the Gujarat and Jharkhand High Courts, three before the Himachal Pradesh High Court, and one each before the Karnataka and Uttarakhand High Courts.
Additionally, Gujarat and Madhya Pradesh had filed separate petitions challenging interim orders from their respective high courts that stayed certain provisions of their conversion laws.
Jamiat Ulama-I-Hind has also approached the Supreme Court against the anti-conversion laws of Uttar Pradesh, Madhya Pradesh, Gujarat, Uttarakhand, and Himachal Pradesh, arguing that these laws are designed to “harass” interfaith couples and involve them in criminal cases.
The organization contends that the provisions in these state laws compel individuals to disclose their faith, thereby infringing on their privacy.
Also Read: UP Religious Conversion Cases| Supreme Court Sets May for Final Hearing
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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