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Anti-Conversion Laws Face Mounting Judicial Scrutiny

India's anti-conversion laws have entered a critical phase of judicial examination in 2024-25, with multiple high courts questioning their constitutional validity and implementation practices. These laws, enacted in seventeen states including Madhya Pradesh, Uttar Pradesh, Haryana, and Odisha, criminalize religious conversion through inducement, allurement, or force, typically prescribing imprisonment and fines for violators. However, recent judicial interventions suggest growing concern about their potential misuse and compatibility with constitutional rights.

The Allahabad High Court in December 2024 observed that anti-conversion statutes must not become tools for religious persecution. The court emphasized that Articles 25 and 26 of the Indian Constitution guarantee citizens the right to freely profess, practice, and propagate religion. In a landmark observation, the bench stated: "The burden of proof lies with the state to establish inducement or allurement, not on the accused to prove voluntary conversion." This reversal of burden has been a contentious issue, with petitioners arguing it violates the fundamental principle that the state must prove guilt beyond reasonable doubt.

The Kerala High Court, in a separate 2024 judgment, struck down portions of the state's anti-conversion law, finding them "vague and overbroad." The court held that terms like 'allurement' and 'inducement' were not clearly defined, creating potential for arbitrary application. Justice Sunil Thomas noted that "without precise legal definitions, law enforcement agencies possess excessive discretion, undermining the rule of law." The judgment pointed to instances where consensual conversions were challenged by filing cases months or years later, causing substantial hardship to converts and their families.

The National Human Rights Commission released a 2024 advisory highlighting 312 documented cases where anti-conversion laws were allegedly misused to harass religious minorities. The report indicated that in sixty percent of cases examined, conversions were actually consensual, yet criminal proceedings persisted for extended periods. Additionally, the advisory noted that social ostracism and police harassment preceded formal legal action in numerous instances, suggesting weaponization of these laws against vulnerable populations.

State governments defend these laws as necessary safeguards against fraudulent conversions and forced religious change. The Madhya Pradesh government argued before the Supreme Court that these laws do not prohibit conversion itself but only the modus operandi—specifically, deceptive practices. However, petitioners counter that even this limited scope remains problematic given implementation realities. The Delhi High Court, while not striking down such laws, issued strict procedural guidelines in 2024 requiring independent judicial inquiry before registering FIRs under anti-conversion statutes, effectively raising the threshold for prosecution. This development signals judicial preference for cautious implementation over blanket prohibition. Legal scholars predict the Supreme Court will ultimately decide these matters in 2025, potentially establishing binding standards for constitutional compliance across all states with such legislation.