SC to decide validity of religious conversion laws, give states 4 weeks

The court was hearing a plea filed by an NGO called Citizens for Peace and Justice, which challenged religious conversion laws enacted by various states

The Supreme Court on Tuesday took over several petitions pending before high courts that challenge the validity of State laws on religious conversion, Bar and Bench reported.

 

The bench, headed by Chief Justice of India (CJI) BR Gavai and Justice K Vinod Chandran, is already hearing similar petitions challenging laws enacted by Uttar Pradesh, Himachal Pradesh, Madhya Pradesh, Uttarakhand and other states.

 

The plea was filed by the NGO Citizens for Peace and Justice, which questioned the constitutional validity of these laws. Senior Advocate Indira Jaising urged the court to transfer all similar pending petitions, saying, “It will be a challenge to all such laws.”

 

 

Four-week deadline for states

 

The apex court has asked states to file replies within four weeks and said it would take up the request to stay the laws after six weeks. States named include Uttar Pradesh, Madhya Pradesh, Himachal Pradesh, Uttarakhand, Chhattisgarh, Gujarat, Haryana, Jharkhand, and Karnataka.

 

“List after 6 weeks for the consideration of the applications seeking stay,” the bench noted.

 

Representing Madhya Pradesh, ASG KM Natraj said the state had no objection to transferring the cases.

 

Concerns over harsh provisions

 

Advocate Chander Uday Singh, representing Citizens for Peace and Justice, warned of the stringent provisions under the Uttar Pradesh Freedom of Religion Act. He told the court that the law imposed a minimum sentence of 20 years, with bail conditions similar to the Prevention of Money Laundering Act (PMLA), and reversed the burden of proof.

 

He argued that these provisions made bail “impossible” for those in interfaith marriages. “Several States are enacting them. Rajasthan also enacted a law a few weeks ago… Any person can make a complaint. Mobs are picking them up during festivals,” Singh said.

 

Previous high court orders

 

The bench was also informed that the Gujarat High Court in 2021 had stayed certain provisions of its religious conversion law, while the Madhya Pradesh High Court had issued a similar interim order. Both states later approached the Supreme Court challenging these stays.

 

What are religious conversion laws?

 

Known at the state level as Freedom of Religion Acts or “anti-conversion laws,” these legislations are intended to monitor and restrict religious conversions. According to India Today, such laws are used to prevent individuals from changing their faith or to curb recruitment drives by religious groups.