Rajasthan: Bishops' Conference appeals to Supreme Court against anti-conversion law

The CBCI has filed an appeal pointing out that the legislation grants arbitrary powers to the authorities, vaguely defines the modalities of unlawful conversion and obliges citizens to reveal their personal faith choices to the state. The Supreme Court has asked the Rajasthan government to submit its response. The case could also have national implications.

New Delhi (AsiaNews) - The Supreme Court of India yesterday asked the Rajasthan government to submit a formal response to the appeal filed by the Catholic Bishops' Conference of India (CBCI), which challenges the constitutionality of the Rajasthan Prohibition of Unlawful Religious Conversion Act, 2025.

The Court's decision marks a new chapter in the national debate on anti-conversion laws, which are increasingly widespread in Indian states governed by the Bharatiya Janata Party (BJP), the ultra-nationalist Hindu party to which Prime Minister Narendra Modi belongs.

In its appeal, the CBCI argues that the Rajasthan law violates several constitutional provisions and gives administrative authorities ‘excessive and arbitrary’ power, allowing them to seize property or even demolish structures belonging to individuals or institutions suspected of promoting religious conversions, without a prior judicial determination of guilt, in which a judge is called upon to assess the degree of responsibility for the offence.

This is a mechanism that, according to the bishops, violates the principle of due process and opens the way to abuses based on mere suspicion.

The Bishops' Conference also challenges the wording of the law, which prohibits conversions obtained through ‘luring,’ ‘misleading information’ or ‘any other fraudulent means.’ For the appellants, these are overly vague expressions that risk affecting genuine religious choices or normal pastoral activities. ‘Ordinary acts of faith, charity or mission,’ the appeal reads, ‘could be interpreted as coercion.’

Another problematic element is the procedure for those who wish to change religion. The law requires that the person who wants to convert and the religious minister submit mandatory declarations to the district authorities well in advance, otherwise they could face heavy fines or even detention.

For the bishops, this is tantamount to a practice that forces citizens to reveal intimate and strictly personal decisions to the state, violating the right to privacy and individual autonomy.

The appeal also denounces once again the reversal of the burden of proof: those accused of participating in a conversion deemed ‘forced’ must prove their innocence, contrary to the fundamental principles of criminal law. For the CBCI, this mechanism exposes individuals and religious communities to the risk of arbitrary persecution.

The Catholic Bishops' Conference of India has joined other religious and civil society groups that in recent years have brought cases before Indian courts concerning anti-conversion laws, which are used to intimidate Christian and Muslim minorities and discourage any pastoral or social activity that could be interpreted (or more often manipulated) as proselytism.

The Supreme Court has described the case as ‘of great constitutional significance’ and has asked the state of Rajasthan to justify its legislative choices. The final verdict could set a precedent at the national level. The Court's decision could also have important consequences for other anti-conversion laws already in force in states such as Uttar Pradesh, Madhya Pradesh, Uttarakhand, Karnataka and Gujarat.