Anti-Conversion Laws and Supreme Court Proceedings
Context and Background on Conversion Issue in India**
Highlights a **major problem in India: systematic religious conversion (also called conversion or धर्मांतरण)**, often funded from abroad.
Several Indian states, especially those governed by BJP, such as Uttar Pradesh (UP) and Rajasthan, have enacted **anti-conversion laws** to curb this practice.
- Recently, the Rajasthan anti-conversion law faced legal challenges in the **Supreme Court of India**.
- The Supreme Court bench included **Justice Pardiwala**, known for his controversial statements and decisions.
- A petition was filed by John Dayal, described as a missionary and social worker, who allegedly operates a large conversion racket. His lawyer is named Ujefa.
- The petition challenges the Rajasthan law on grounds that it violates key constitutional rights under **Articles 14 (equality before law), 19 (freedom of speech and expression), 21 (right to life), and 25 (freedom of religion)**. Relief was sought under **Article 32** (right to constitutional remedies).
- Key Provisions of Rajasthan Anti-Conversion Law and Objections Raised**
- The law defines **“mass conversion”** as conversion involving two or more people collectively.
- If an institution is found involved in illegal conversion, its **properties can be seized and even destroyed** under the law.
- The law includes **strict punishments**: fines up to ₹20 lakh and imprisonment up to 20 years or life imprisonment.
- Objectors argue these punishments are excessive and violate constitutional freedoms.
- The government’s position is that conversion through coercion, inducement, or fear threatens **national security and social harmony**, necessitating stringent deterrent laws.
- Foreign funding is cited as a major factor enabling these conversions, which can create anarchy and weaken the country’s unity.
- Constitutional Debate: Individual Freedom vs. Coercive Conversion**
- Petitioners claim the law infringes on the **individual’s freedom of religion and expression**, referencing Article 25, which guarantees the right to adopt or leave any religion.
- **voluntary individual conversion is distinct from forced or induced conversion** through coercion, bribery, or intimidation.
- Indian constitutional safeguards allow reasonable restrictions on fundamental rights for reasons of **public order, morality, and health**, none of which are met by forced conversions.
- Forced conversions undermine social order, disrupt cultural traditions, and generate communal discord, thus justifying legal restrictions.
- Several BJP-ruled states have enacted such laws to protect the country’s social fabric.
- Supreme Court’s Role and Judicial Overreach Concerns**
- The Supreme Court has issued a notice on the Rajasthan law, signaling it finds the case constitutionally significant and requiring detailed hearing.
- There is serious concerns over **judicial interference in legislative matters**, suggesting that the judiciary increasingly acts as a super-legislature by scrutinizing and invalidating state laws.
- There is a perception that every new law must be pre-approved by the Supreme Court before enactment, which threatens the **separation of powers (Article 50)** between the legislature, executive, and judiciary.
- This trend as **unconstitutional and unethical**, unique to India, where the Supreme Court has become an all-powerful body, undermining parliamentary sovereignty.
- Historical Perspective on Judicial Activism and Constitutional Amendments**
- The most unconstitutional changes to India’s Constitution have come from Congress governments and **Supreme Court judges themselves through judicial overreach**, beyond their mandate.
- The judiciary has altered meanings of constitutional articles and replaced key terms, making it **an autocratic institution** immune to government or parliamentary checks.
- This unchecked judicial supremacy has increased in recent decades, supported by opposition political parties.
- This ecosystem allegedly **protects criminals**, especially those with political or financial influence, shielding them from punishment.
- Lawyers connected to accused persons also enjoy immunity, complicating law enforcement.
- Lawyer-Client Privilege vs. National Security**
- Recent Supreme Court rulings extend **professional confidentiality of lawyers to a level where intelligence agencies cannot summon lawyers for information even if clients are accused of sedition or other serious crimes**.
- This prioritization of **individual privacy and dignity over national security and social order** is criticized as misplaced.
- There is a contradiction: the Constitution protects individual freedoms but not at the expense of **national unity, integrity, and security**.
- Current Scenario of Anti-Conversion Laws and Social Impact**
- The Rajasthan law was enacted in response to rising conversion cases in the state and neighboring regions such as Punjab, where entire villages have reportedly converted, altering religious demographics and social institutions (e.g., churches replacing gurudwaras).
- The law aims to stem this trend and preserve cultural identity and social cohesion.
- The Supreme Court’s ongoing hearing on this law threatens to **invalidate a significant state-level effort to maintain public order and national unity**.
-This a **serious danger to the country’s security and social fabric**.
Jai Hind
Key Insights and Concepts
| Term/Concept | Explanation |
|---------------------------------|-------------------------------------------------------------------------------------------------|
| Religious Conversion (धर्मांतरण) | Changing one’s religion, often contested when done through inducement or coercion. |
| Anti-Conversion Laws | State laws to prevent forced or fraudulent religious conversions, including penalties for offenders. |
| Constitutional Articles | - **Article 14**: Equality before law<br>- **Article 19**: Freedom of speech/expression<br>- **Article 21**: Right to life<br>- **Article 25**: Freedom of religion<br>- **Article 32**: Right to constitutional remedies |
| Mass Conversion Definition | Conversion involving two or more persons collectively. |
| Judicial Overreach | Supreme Court interfering excessively in legislative and executive functions, undermining separation of powers. |
| Lawyer-Client Privilege | Confidentiality of lawyer-client communication, even in cases involving national security threats. |
| Public Order, Morality, Health | Constitutional grounds for limiting fundamental rights. |
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### Summary Table: Rajasthan Anti-Conversion Law Provisions vs. Petitioners’ Objections
| Provisions of Rajasthan Law | Petitioners’ Arguments/Objections |
|--------------------------------------------------------|--------------------------------------------------------------------|
| Defines collective conversion as involving ≥ 2 persons | Violates right to freedom of religion and expression |
| Allows seizure and destruction of property involved | Excessive punishment and harsh penalties |
| Punishments: fine up to ₹20 lakh, imprisonment up to 20 years or life imprisonment | Infringes on personal liberty and constitutional rights |
| Aims to prevent foreign-funded, coercive conversions | Restricts voluntary religious conversions |
| Deterrent to maintain public order and national security | Limits fundamental rights under Articles 14, 19, 21, 25 |
### Chronological Timeline of Events and Legal Developments
| Timestamp | Event Description |
|--------------------|--------------------------------------------------------------------------------------------------|
| Before 2023 | Several BJP-ruled states (UP, MP, Rajasthan) enact anti-conversion laws to combat forced conversions. |
| Early 2023 | Rajasthan government passes a stringent anti-conversion law. |
| Shortly after | Petition filed in Supreme Court by John Dayal and lawyer Ujefa challenging Rajasthan law’s constitutionality. |
| April 2023 (approx.) | Supreme Court bench including Justice Pardiwala issues notice and begins hearing on the petition. |
| Ongoing | Legal debate intensifies around constitutional rights vs. social order and national security. |
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### Key Takeaways
- **Religious conversions through coercion, inducement, or foreign funding are seen as a serious threat to India’s social fabric and national security.**
- **State governments have passed strict laws to curb such conversions, with severe penalties including imprisonment and property seizure.**
- **These laws face constitutional challenges in the Supreme Court based on alleged violations of fundamental rights.**
- **The Supreme Court’s active role in scrutinizing such laws raises concerns about judicial overreach and erosion of separation of powers.**
- **The balance between individual freedoms and public order remains a contentious and unresolved issue in India’s legal and social discourse.**
- **The public is invited to engage in respectful debate on these matters, reflecting their complexity and national significance.**
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### Keywords
- Religious Conversion
- Anti-Conversion Law
- Supreme Court of India
- Constitutional Rights
- Articles 14, 19, 21, 25, 32
- Judicial Overreach
- National Security
- Public Order
- Foreign Funding
- Coercion and Inducement
- Lawyer-Client Privilege
- Separation of Powers
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November 04, 2025 at 08:12PM