Supreme Court Examines Religious Conversion Laws

Supreme Court Questions Deceitful Religious Conversion Validity

Why in the News ?

The Supreme Court of India questioned the constitutionality of stringent anti-religious conversion laws enacted by 10 States, raising concerns about arbitrary interference in the fundamental right to freedom of religion and choice of life partner under Article 25 of the Constitution.

Supreme Court Examines Religious Conversion Laws

Highlights of the Supreme Court’s Observations and Arguments:

  • The Supreme Court (CJI B.R. Gavai) asked who would decide whether an inter-faith marriage or religious conversion is deceitful or not.
  • Petitioner-advocate Ashwini Upadhyay argued that while one has the right to propagate religion (Article 25), converting others through fraud, allurement, or force should be prohibited.
  • Senior advocate U. Singh submitted that 10 States, including Uttar Pradesh, Himachal Pradesh, Gujarat, Rajasthan, and others, enacted nearly identical Freedom of Religion Acts in quick succession.
  • These laws, though named Freedom of Religion Acts, are argued to function as anti-conversion laws, restricting the right to choose one’s faith or life partner.
  • The punishments are severe, with a minimum of 20 years and a maximum of life imprisonment.
  • The laws allow third parties to file criminal complaints against couples in inter-faith marriages.
  • The burden of proof is unfairly shifted to the convert to prove non-coercion.
  • The court scheduled further hearings after six weeks to examine the possible stay on the implementation of these laws.

Criticism of Freedom of Religion Acts

  • Senior advocates including U. Singh, Indira Jaising, and Vrinda Grover argued the Acts restrict rights under Article 25.
  • States like Uttar Pradesh, Madhya Pradesh, Gujarat, Himachal Pradesh, and Karnataka have enacted similar anti-conversion laws.
  • These Acts empower third parties to lodge complaints against inter-faith couples.
  • Punishments include a minimum of 20 years to life imprisonment, with bail conditions as strict as UAPA.
  • Critics said these laws create a chilling effect on religious freedom and personal choice of marriage.

Key Concepts : Article 25 of the Indian Constitution

●      Article 25 of the Indian Constitution: Grants freedom of conscience and right to freely profess, practice, and propagate religion.

●      Fundamental Right: Right to life includes the right to choose a life partner and religion without state interference.

●      Freedom of Religion Acts: State-level laws often used to criminalize inter-faith marriage under the guise of preventing forced conversions.

●      Burden of Proof: These Acts mandate converts to prove their conversion was not under duress, violating presumption of innocence.

●      Draconian Punishment: Harsh sentencing impacts basic human rights, with provisions similar to anti-terror laws (e.g., UAPA).