Rajasthan has joined a growing list of Indian states by enacting a new anti-conversion law aimed at preventing religious conversions carried out through force, fraud, allurement, or coercion. The legislation seeks to regulate conversions while claiming to protect individual freedom of religion and public order.
History of Anti-Conversion Laws in India
Anti-conversion laws in India have a long and complex history, shaped by colonial influence, religious movements, and constitutional debates.
During the British colonial period, several princely states introduced laws to regulate or restrict religious conversions. These measures were largely a response to the growing activities of Christian missionaries, which local rulers perceived as a threat to existing religious and social structures. The objective of these early laws was to preserve traditional religious identities, particularly Hindu practices, and to prevent conversions through inducement or coercion.
After India’s independence in 1947, the issue of religious conversion became a subject of intense political and constitutional discussion. Although freedom of religion was guaranteed under Article 25 of the Constitution, repeated efforts were made to introduce a central anti-conversion law. However, these attempts failed due to a lack of political consensus and concerns that such legislation might infringe upon fundamental rights.
As law and order fall under the State List of the Constitution, individual states were empowered to enact their own legislation on the subject. Consequently, several states began passing anti-conversion laws from the 1960s onward. Odisha (1967) and Madhya Pradesh (1968) were among the first to enact such statutes, setting a precedent for other states to follow.
Over time, more states adopted similar laws, often expanding their scope to include conversions through force, fraud, inducement, or marriage. While supporters argue that these laws are necessary to prevent exploitation, critics contend that they are frequently used to restrict voluntary religious choice.
Today, anti-conversion laws remain a contentious legal and social issue in India, continuing to spark debate over the balance between individual freedom of conscience and state regulation in the interest of public order.
Rajasthan’s Legislative Journey on Anti-Conversion Laws
Rajasthan’s efforts to regulate religious conversions are not new. The state first attempted to introduce an anti-conversion law in 2006, followed by another attempt in 2008. Both these legislative efforts, however, failed to become law, as they did not receive the necessary assent from the Governor or the President, largely due to constitutional concerns surrounding religious freedom.
The current move to bring in an anti-conversion law reflects a renewed political resolve. This renewed push appears to be shaped by recent incidents, growing public discourse on alleged forced or fraudulent conversions, and a wider national trend where several states have already enacted or strengthened similar legislation.
A significant factor bolstering these efforts is the judicial signal from the Supreme Court, which has urged the Central Government to examine the issue of forced religious conversions. While the Court has not mandated legislation, its observations have been interpreted as lending judicial legitimacy to state-level initiatives aimed at preventing conversions through force, fraud, or inducement.
Together, political momentum, public debate, and judicial observations have created a conducive environment for Rajasthan to revisit anti-conversion legislation. Whether the new law can withstand constitutional scrutiny, particularly in light of Article 25’s guarantee of religious freedom, will ultimately determine its longevity and impact.
Name of the Law
Rajasthan Prohibition of Unlawful Conversion of Religion Act, 2024
(commonly referred to as Rajasthan’s Anti-Conversion Law)
Purpose of the Law
The law is intended to:
- Prevent forced or deceptive religious conversions
- Address allegations of conversions through misrepresentation, inducement, or marriage
- Maintain public order and social harmony
- Ensure conversions are a matter of free will and informed consent
What Is Considered an Unlawful Conversion?
Under the Act, conversion is illegal if it is carried out by:
- Force or threat
- Fraud or misrepresentation
- Allurement (including money, gifts, jobs, better lifestyle, or divine blessings)
- Coercion or undue influence
- Marriage solely for the purpose of conversion
Prior Permission and Declaration
- Any person intending to convert must inform the District Magistrate in advance
- Religious priests or individuals facilitating conversion must also give prior notice
- Failure to follow this procedure can attract penalties
Punishment and Penalties
- Imprisonment ranging from 1 to 10 years, depending on the offence
- Higher punishment if the victim is:
- A minor
- A woman
- A Scheduled Caste or Scheduled Tribe member
- Fines may also be imposed
- Offences are cognizable and non-bailable
Burden of Proof
A significant feature of the law is that the burden of proof lies on the accused, who must prove that the conversion was not unlawful. This provision has sparked legal and constitutional debate.
Impact on Interfaith Marriages
- Marriages carried out solely for the purpose of religious conversion may be declared void
- However, the law does not prohibit interfaith marriages per se, provided the conversion (if any) is voluntary and lawful
Criticism and Concerns
Critics argue that:
- The law may infringe upon the fundamental right to freedom of religion under Article 25
- Mandatory prior permission could violate personal liberty and privacy
- The reversed burden of proof may conflict with criminal law principles
Supporters, however, claim the law is necessary to curb exploitative and organised conversions.
Comparison With Other States
Similar anti-conversion laws exist in:
- Uttar Pradesh
- Madhya Pradesh
- Gujarat
- Haryana
- Himachal Pradesh
- Karnataka
Rajasthan’s law closely mirrors these statutes but includes stricter procedural requirements.
Conclusion
Rajasthan’s new anti-conversion law reflects the state’s attempt to regulate religious conversions while balancing constitutional freedoms. Its real impact will depend on fair enforcement, judicial scrutiny, and safeguards against misuse. As legal challenges are expected, courts will play a crucial role in determining how the law aligns with fundamental rights.