India’s constitutional promise of freedom of faith is under threat from Conversion Laws enacted by both Congress and the BJP that restrict the right to change religion, serving electoral interests over the public good and undermining Article 25’s spirit of pluralism.
Table of Contents
Introduction
When India adopted its Constitution in 1950, it embraced the radical idea that citizens of diverse faiths could live as equals under a single republic. Article 25 guarantees the freedom to profess practice and propagate religion. That guarantee emerged from intense debate in the Constituent Assembly. Leaders rejected proposals to curb missionary work, arguing that the state must never police personal faith. Yet within two decades this promise began to unravel.
Anti-conversion statutes now exist in over a dozen states. They claim to protect vulnerable communities from coercion but in practice criminalize voluntary conversions. Originating under Congress governments in the mid twentieth century, these laws have been expanded and strengthened by BJP administrations since the early two thousands. Despite decades of enforcement there is no evidence these laws deliver any social benefit. Instead they fuel communal tensions and infringe individual liberty.
Congress Plants the Seeds
In the 1950s and 1960s Congress leaders grew anxious about missionary activity among tribal communities. Although national framers like Sardar Patel and K M Munshi debated restrictions they ultimately refused to curtail proselytisation. Nonetheless state units moved ahead. Orissa passed its Freedom of Religion Act in 1967. Madhya Pradesh enacted the Dharma Swatantrya Adhiniyam in 1968. Arunachal Pradesh followed in 1978.
These laws required anyone seeking to convert to give prior notice to district magistrates. They criminalized conversion by “force fraud or inducement.” Proponents argued they were necessary for nation building and maintaining demographic balance. In reality they reflected political calculations. Congress leaders in tribal constituencies sought to reassure conservative Hindu voters and limit missionary influence. Statistics from the 1961 Census showed Christians comprised only 2.4 percent of the population, nearly unchanged from 1951. Yet fear trumped facts. The early laws introduced the precedent of policing faith through criminal penalties and bureaucratic hurdles.
The BJP Perfects the Playbook
If Congress sowed the seeds the BJP has perfected the strategy. In 2003 Gujarat under Chief Minister Narendra Modi enacted one of the toughest conversion statutes. This law served as a model for a wave of new statutes:
- Himachal Pradesh Freedom of Religion Act 2006 (amended 2019)
- Uttarakhand Freedom of Religion Act 2018 (amended 2022)
- Uttar Pradesh Ordinance 2020, converted into an Act in 2021
- Madhya Pradesh amendment in 2021
- Haryana Freedom of Religion Act 2022
- Karnataka Prevention of Unlawful Conversion of Religion Act 2022
- Rajasthan Prohibition of Unlawful Religious Conversion Bill 2025
These modern laws introduced unprecedented measures. They require official permission before any conversion ceremony takes place. They create non bailable offences with prison terms of up to ten years. Many explicitly target conversion for marriage without any evidence of large scale coercion.
The Rajasthan bill of 2025 is a telling example. It mandates life imprisonment and fines of up to twenty five lakh rupees for organizing mass conversions. The government argued it would protect Dalits and women from deceit. Yet the Home Department admitted that in five years no case of “love jihad” had been registered in that state. During legislative debate a BJP MLA urged Muslim legislators to return to their original religion, exposing the communal motivation. In Uttar Pradesh over seven hundred people have been booked under the 2021 law. Convictions remain negligible. Madhya Pradesh saw two hundred eighty three cases filed between January 2020 and July 2025. Of eighty six that reached judgment fifty ended in acquittal and only seven in conviction. The negligible conviction rate underscores that genuine coercion is rare while mere allegations can trigger lengthy legal hassles.
A Bipartisan Pattern of Anxiety
The common thread linking Congress and BJP statutes is demographic anxiety. Political scientist Christophe Jaffrelot calls it the politics of demographic fear. The true aim of anti conversion laws is not to serve public good but to mobilise majority sentiment during elections. Congress planted the idea to protect its tribal vote banks. The BJP has amplified the fear with sharper communal overtones.
Despite their bipartisan origins these laws share key features:
- Mandatory Prior Approval
Converts must notify or seek permission from district authorities. - Criminal Penalties
Organizers and participants face prison terms and fines. - Targeting Interfaith Marriages
Conversion for the sake of marriage is singled out as especially suspect. - Broad Definitions
Fraud inducement and force are defined loosely allowing misuse.
No Measurable Public Benefit
Six decades of anti conversion statutes provide a clear verdict. These laws deliver no observable social good.
Negligible Conversion Rates
Pew Research in 2021 found that ninety eight percent of Indians remain in the religion of their birth. Only 0.7 percent of adults are converts. Conversions occur in both directions canceling net change.
No Improvement in Social Harmony
Human rights organisations document harassment of pastors mosque committees and interfaith couples. Rather than reducing conflict these statutes embolden vigilantes who target religious minorities.
Women Not Protected
Interfaith couples face police raids and family intimidation. Far from safeguarding women these laws are weaponised against them.
The only material benefit is political. Anti conversion laws reliably generate headlines and rally majority voters.
Constitutional Betrayal
Article 25’s guarantee of freedom of conscience cannot be squared with a requirement to obtain government permission to change faith. The Supreme Court in Rev. Stanislaus v. State of M.P. (1977) ruled that “propagation” does not include the right to convert. That narrow reading deserves reexamination. Today’s intrusive statutes go far beyond the Court’s interpretation. They undermine the very religions whose names they invoke.
India’s pluralism demands not mere tolerance but active respect for the right to choose belief. Both classical Islamic jurisprudence and India’s own constitutional framers recognised that faith must be free. To criminalise conversion is to betray India’s constitutional and civilisational heritage.
Stories of Misuse
Local incidents underscore the gap between rhetoric and reality:
In Uttarakhand pastors have been arrested on thin allegations while interfaith couples face interrogation and public humiliation. Chief Minister Pushkar Singh Dhami speaks of land jihad and mass conversion fomenting fear in rural areas.
In Haryana civil rights lawyers report that the 2022 conversion law is used primarily to harass interfaith couples. The requirement of thirty days advance notice gives relatives and vigilantes time to interfere.
Karnataka’s 2022 law led to the disruption of church prayer meetings by police who filed cases against pastors rather than protecting them from mobs. The People’s Union for Civil Liberties documented repeated instances of police bias against religious minorities.
These vignettes reveal that laws advertised as protecting the vulnerable become tools for intimidation. The true target is freedom of faith itself.
Protecting Freedom of Faith
India’s strength lies in its diversity. Hindus, Muslims, Christians, Sikhs, Buddhists, Jains, atheists, and others have coexisted and argued side by side for centuries. That pluralism demands that every individual has the unfettered right to choose marriage partner and faith.
Democratic confidence grows when citizens are trusted to exercise conscience. Criminal statutes restricting conversion betray both the letter and spirit of the Constitution. They undermine India’s civilisational tradition of agreeing to disagree.
Conclusion
The story of India’s anti-conversion laws is ultimately one of political expediency dressed up as public interest. From their origins under Congress in the 1960s to their aggressive expansion under the BJP, these laws have consistently reflected demographic anxieties rather than genuine threats to social order. They are built on the assumption that citizens cannot be trusted to make independent choices about faith, marriage, and conscience. Yet the data is unambiguous: conversion rates in India are negligible, and no state has demonstrated that these statutes produce harmony or protection for vulnerable communities.
Instead, they have created a climate of suspicion. Bureaucratic hurdles, police surveillance, and criminal penalties place ordinary citizens under constant scrutiny. Interfaith couples and religious minorities find themselves disproportionately targeted, while vigilante groups are emboldened by the legal framework. Far from protecting women or the poor, these laws have often been weaponized against them, turning deeply personal decisions into matters of state control. This trajectory marks a serious betrayal of India’s constitutional promise. Article 25 was intended to enshrine the freedom to believe, to doubt, and to change one’s mind. That freedom is not a privilege granted by the state but a core right that sustains pluralism. By subordinating it to electoral strategy, both Congress and the BJP have undermined the very values the Constitution was meant to safeguard.
India’s strength has always lain in its ability to hold multiple faiths and philosophies within a single national framework. Protecting that strength requires confidence in citizens rather than suspicion of them. Rolling back anti-conversion statutes is not just about religious liberty; it is about reaffirming India’s commitment to democracy itself. The republic will flourish only when freedom of conscience is defended without compromise.
Source: Anti-conversion bill passed, Raj recorded no love jihad
case ever
Anti-Conversion Laws: A Bipartisan Assault on India’s Freedom of Faith
Read Also: Allegation of Voter Name Deletions by Rahul Gandhi: A Detailed Analysis
3 thoughts on “India’s Anti-Conversion Laws: A Threat to Religious Freedom”