Rajasthan’s Anti-Conversion Law: Christian Welfare Society Moves SC, Notice Issued

The Bench of Justices Vikram Nath and Sandeep Mehta today issued notice in the matter.

During the hearing, Senior Advocate Dr. Rajeev Dhawan appeared for the Society.

The Court issued notice, returnable in four weeks.

The petition, filed through AoR Amit Pai under Article 32, seeks a declaration that the statute violates Articles 14, 19(1)(a), 21, 25 and 300A.

The petitioning Society, registered under the Rajasthan Societies Registration Act, 1958 and affiliated with the All India Catholic Union, has long conducted social, educational and humanitarian work across the State. The Society argues that the new law criminalises legitimate religious expression and voluntary faith choices, striking at the core of the liberty of thought, expression, belief, faith and worship assured by the Constitution.

The Rajasthan Legislature passed the Act earlier this year. It received the Governor’s assent on October 3, was notified on October 8, and came into force on October 29. The Rules under the statute are yet to be framed.

Challenging the law in detail, the petition asserts that the legislation goes far beyond the permissible constitutional limits on regulating religious conversions. It cites the Preamble’s promise of liberty of belief and the guarantees under Articles 14, 19(1)(a), 21 and 25, along with Justice Vivian Bose’s formulation in Anwar Ali Sarkar that restrictions must meet a standard of fairness, reasonableness and equal protection.

The Society argues that the very definition of “conversion” under Section 2(1)(c) is vague and discriminatory. The law excludes a return to “ancestral religion” from the definition of conversion, which the petition says creates an arbitrary classification based on lineage and restricts a person’s right to choose any faith. The reference to “ancestral religion,” it submits, is contrary to Article 14 and the fundamental personal liberty guaranteed by Article 21.

The petition further challenges the inclusion of “misinformation,” defined as “inaccurate information,” as a punishable means of conversion. Criminalising inaccuracy, it says, is arbitrary and falls far outside any legitimate restriction. Similarly, defining “convincing for conversion” as merely causing someone to “agree” to adopt another religion, the petition argues, criminalises voluntary persuasion and peaceful propagation, which are explicitly protected under Article 25.

The challenge extends to Section 3, which prescribes penal consequences for a range of broadly worded acts said to constitute unlawful conversion. The petition claims these prohibitions violate Articles 19(1)(a), 21 and 25 because they are neither grounded in the permitted limits; public order, morality and health, nor supported by data showing any threat to public order.

The provision relating to “mass conversion,” defined as conversion of “two or more persons,” is termed arbitrary and violative of Article 14, particularly because punishments under this provision extend to a minimum of 20 years and even imprisonment for the remainder of natural life. These penalties, the petition notes, mirror those for grave offences such as narcotics trafficking, rape and murder, and are grossly disproportionate to the acts covered by the law.

The petition claims this mechanism creates an unconstitutional classification of property and constitutes an assault on the right to property under Article 300A, apart from having no rational relation to the statute’s stated objective.

Arguing that the Act neither addresses nor is connected to “public order,” a constitutionally permissible ground for limiting Article 25 rights, the petition urges the Supreme Court to strike down the Rajasthan Act as unconstitutional, oppressive and fundamentally incompatible with India’s constitutional framework.