On February 4, 2025, the Rajasthan Government tabled the Rajasthan Prohibition of Unlawful Conversion of Religion Bill, 2025. Once passed, Rajasthan will join 11 other states that have passed anti-conversion laws, which are – Uttar Pradesh, Odisha, Arunachal Pradesh, Chhattisgarh, Gujarat, Haryana, Karnataka, Jharkhand, Uttarakhand, Madhya Pradesh and Himachal Pradesh. The Bill seeks to criminalise religious conversion through the means of coercion, fraud, force, and marriage. Various offences under the Bill are cognisable and non–bailable, which could result in harassment of innocent individuals.
Citizens for Justice and Peace (CJP), which has long acted as a safeguarding organisation of human rights of the citizens of India, is the lead petitioner in the writ petitions, filed in January 2021, challenging anti–conversion laws of various states such as Uttar Pradesh, Uttarakhand, Madhya Pradesh and Himachal Pradesh. Subsequently in additional petitions, anti-conversion laws of Chattisgarh, Gujarat, Haryana, Jharkhand and Karnataka have also been challenged. The draconian laws have been challenged on various grounds such as for violating right to personal liberty and autonomy, right to freedom of speech and expression, right to privacy, freedom of faith, right against discrimination.
The illusion of ‘Love Jihad’ has led violence and intimidation by police and non-state actors. The ‘Love Jihad’ laws legitimise un-constitutional, anti-minority and misogynistic beliefs, and help further the hateful, communal agenda of extremists. CJP is challenging these laws as they impinge upon the privacy, freedoms and autonomy of consenting adults. Help CJP fight for equality and choice. Donate now to denounce Love Jihad and keep #LoveAzaad.
CJP has also explored the illusive concept of “love jihad” which is a sectarian concept and against the principles of pluralism and secularism adopted by India. The petition also challenges the law on the grounds of being anti–women and discriminatory against women, as it takes away the agency of women for making decisions of their own lives.
Content of the legislation
The Rajasthan government recently enacted the Prohibition of Unlawful Conversion of Religion Bill 2024, which aims to stop forced religious conversions and has sparked a lot of debate. Despite the bill’s claimed goal of preventing coerced religious conversion, its harsh provisions—such as 10-year prison sentences and penalties of up to 50,000—raise fundamental questions regarding individual liberties and the possibility of abuse. Critics contend that by targeting particular communities under the pretence of preventing forced conversions, such law not only violates individual liberty but also runs the risk of widening communal disparities. The Bill is available on the website of the Rajasthan Legislative Assembly.
Important Provisions
According to the Bill, religious conversion by compulsion, force, allurement, or deception is primarily considered prohibited. Allurements may include money, material rewards, employment, free education, etc.
As per the Bill, the individual who “caused” the conversion have the duty of proving that the religious conversion was not achieved by fraud, coercion, undue influence, allurement, or any other fraudulent means or methods.
The assumption of innocence principle, which often applies to the accused in a criminal proceeding, is being reversed here.
The offences covered by this Bill are classified as cognisable and non-bailable, which means that the accused may be arrested without a warrant and that obtaining bail may be difficult. Concerns regarding the possibility of misuse and the violation of individual liberties are raised by this classification.
The draft suggests harsh punishments for illegal conversions, such as fines of up to ₹50,000 and jail time of one to ten years. In particular, converting women, children, or members of Scheduled Castes and Scheduled Tribes can lead to a fine of ₹25,000 and two to ten years in prison. The penalty rises to three to ten years of imprisonment and a fine of ₹50,000 for mass conversions. Repeat offenders would be punished no more than twice the legal penalty for each additional offence. Concerns regarding possible abuse and the targeting of particular communities have been raised due to such severe penalties.
The Bill also includes “conversion by solemnisation of marriage or relationship in the nature of marriage,” in its list of offences.
The Bill states that “Any marriage done for sole purpose of unlawful conversion or vice-versa by the man of one religion with the woman of another religion, either by converting himself/herself before or after marriage, or by converting the woman before or after marriage, shall be declared void by the Family Court or where Family Court is not established, the Court having jurisdiction to try such case on a petition presented by either party.”
As per the Bill, blood relatives have the power to lodge an FIR in a suspected case. It says that, “Any aggrieved person, his/her parents, brother, sister, or any other person who is related to him/her by blood, marriage or adoption may lodge a FIR”.
Authorities are shielded from prosecution or other legal actions for any actions conducted in accordance with the proposed law by Section 13 of the Bill, which is titled “Protection of action taken in good faith.”
The Bill states that “No suit, prosecution, or other legal proceedings shall lie against any authority or officer for anything done in good faith or intended to be done, or purported to be done, or omitted to be done in pursuance of this Act, or any rule or order made thereunder.”
There have been various instances in recent years where members of disadvantaged communities have been wrongfully accused of converting individuals and then acquitted by the courts.
While the Bill protects government officials from potential legal action, it does little to stop instances in which innocent people are targeted after being falsely accused of illegal conversion.
Voluntary conversions
The Bill provides an exhaustive procedure to be followed by individuals who wish to voluntarily convert to another religion.
Individuals who wish to convert to another religion must apply to the district magistrate (DM) at least 60 days before the conversion; failure to do so can result in a minimum fine of Rs 10,000 and a maximum sentence of three years in prison.
Subsequently, the “convertor,” or the one conducting the conversion ceremony, would notify the DM one month in advance via a designated form; failure to do so would result in a minimum punishment of Rs 25,000 and a maximum penalty of five years in prison.
An officer not below the rank of Additional DM will then “have an inquiry conducted through police with regard to the real intention, purpose, and cause of the proposed religious conversion.”
Within 60 days of conversion, the converted individual must submit a declaration to the DM in the required format. Until the date of confirmation, a copy of the declaration must be posted on the DM’s office notice board.
The convert’s date of birth, permanent or current address, father’s or husband’s name, religion before and after conversion, conversion date and location, and other details will be included in this declaration. In order to prove their identification and validate the information in the statement, the convert must then appear before the DM within 21 days of the declaration being filed.
Requirement of the Bill
According to the Bill’s statement of reason, while the constitution guarantees everyone the fundamental right to profess, practise, or propagate their religion, the freedom of conscience and religion cannot be interpreted as a collective right to proselytise; the right to religious freedom is equally applicable to the person seeking conversion as it is to the person converting.
The statement of reasons says that “However, in the recent past many such examples have come to light where gullible persons have been converted from one religion to another by misrepresentation, force, undue influence, coercion, allurement or by fraudulent means. The law related to right to religious freedom already exists in various States of the country but there was no statute on the said subject in Rajasthan.” It further add that “In view of the above, it was decided to enact a law to provide for prohibition of unlawful conversion from one religion to another by misrepresentation, force, undue influence, coercion, allurement or fraudulent means or by marriage and for matters connected therewith or incidental thereto.”
Ghanshyam Tiwari, a legislator for the ruling Bharatiya Janata Party (BJP), commended Chief Minister Bhajan Lal Sharma for his “historic decision” to crack down on religious conversions and “love jihad,” a phrase used by right-wing groups to refer to a purported Muslim plot to court Hindu women. The phrase is not recognised by the Union government or courts.
The issue of “love-jihad” and the myth surrounding forced conversions has been discussed in depth in an article published by CJP.
Concerns raised by the Bill
While the Bill proposes to be aimed at preventing forced conversions, various concerns have been raised as the Bill may infringe upon the Fundamental Rights and has a vast potential for misuse.
Article 25 of the Indian Constitution, which protects people’s freedom to openly profess, practise, and propagate their religion, is allegedly violated by the law, according to critics. It is believed that the necessary advance warning and post-conversion statement requirements constitute excessive government meddling in private religious choices.
There are concerns that the bill can be abused to target religious minorities and stifle peaceful religious expression. It has been reported that similar laws have been used in other jurisdictions to harass minority communities while claiming that they are preventing forced conversions.
The requirement that people inform authorities of their intention to convert is seen as a breach of their right to privacy and their freedom. Critics have argued that these clauses might discourage people from exercising their freedom to freely choose and convert to a different religion.
Further, those suspected of unlawful conversion are given the burden of proving their innocence under the bill, which goes against the legal doctrine of “innocent until proven guilty.” This change may result in legal abuse and erroneous convictions.
Authorities that operate “in good faith” under the statute are granted immunity under Section 13 of the bill. Critics contend that the authorities may act without any concerns of consequence because they are protected from legal action, this clause may result in the persecution of innocent people.
Furthermore, the bill gives family courts the authority to deem marriages void if it turns out that they were performed with the intention of committing an illegal conversion. This clause has drawn criticism for presumably violating people’s right to marry and choosing their own religion.
What is the reality of Religious Conversions in India?
While the right–wing government is attempting to introduce legislation governing religious conversions, an important question arises regarding the reality of religious conversions and the threat posed by the same. Is religious conversion a serious issue which requires implementation of a law that could potentially violate fundamental rights, or is it just a Trojan horse being used by the Government to fulfil hidden sinister agendas under the garb of protecting “gullible persons.”
In 2021, the Pew Research Centre released a report titled Religious Composition of India. The Report dealt with the changing religious composition of India and the causes of religious change.
According to the Report, 99% of persons who claim to have been raised as Hindus still identify as such. 97% of those who were raised as Muslims remain Muslims. Additionally, 94% of Indians who grew up as Christians remain Christians. Furthermore, people who change their religions often balance each other out. For instance, of all Indian adults, 0.7% were raised as Hindus but do not identify as such at the moment, while 0.8% were raised outside of the religion but are now Hindu.
Additionally, interfaith marriage is highly uncommon. 99% of married Hindus, 98% of married Muslims, and 95% of married Christians report having a spouse who shares their beliefs, according to the same survey. 92% of Christians and comparable percentages of Muslims and Hindus claim that their spouse was brought up in their present faith.
These findings raise questions about the true intentions of anti-conversion laws and the threat posed by forceful conversions. The false sense of insecurity regarding religion created by right–wing extremists has served merely as a fuel to fan the flames of religious disparities in India.
Conclusion
While the Rajasthan Prohibition of Unlawful Conversion of Religion Bill, 2025, purports to prevent forced conversions, it actually poses the risk of violating the fundamental rights provided in the Constitution of India. The law fosters an atmosphere that is conducive to abuse by giving officials broad immunity, imposing undue procedural limits on voluntary conversions, and transferring the burden of proof to the accused. It exerts state control over individual faith choices rather than defending religious freedom, disproportionately harming interfaith couples and religious minorities.
Furthermore, the narrative of widespread forced conversions is not supported by empirical data, which raises questions about whether such legislation is merely political ploys rather than providing true protection. In other states, similar legislations have already resulted in increased communal divisions, harassment, and false allegations. Laws such as this divert attention and are a means of policing individual liberty rather than tackling actual socio-economic problems. The government must concentrate on establishing legislative protections that forbid coercion without violating individual liberties if the goal is really to uphold individual rights. Otherwise, this law remains yet another step towards eroding India’s secular and pluralistic fabric.
(The legal research team of CJP consists of lawyers and interns; this community resource has been worked on by Yukta Adha)
Related:
CJP’s Love Jihad Petition: SC issues notice to UP and Uttarakhand
CJP moves SC against “Love Jihad” laws
Curbing Freedom of Faith: India’s Anti-Conversion laws
“Love Jihad” laws curb individual and collective freedoms
Rising religious polarisation: Tridents symbolise growing communalism in Rajasthan