09/19/2025, 13.06
INDIAN MANDALA
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The BJP's new repressive laws in Rajasthan and Maharashtra

by Maria Casadei

Following the approval of the anti-conversion bill in Rajasthan and the Maharashtra Public Security Bill, protests have broken out in India. In Rajasthan, the law even affects voluntary conversions and interfaith marriages, while in Maharashtra, the executive will be able to declare entire organisations ‘illegal’ without concrete evidence. Meanwhile, the Supreme Court has asked the states for clarification on the constitutionality of these laws.

New Delhi (AsiaNews) - Protests are growing in India following the approval of two controversial laws: the anti-conversion bill in Rajasthan and the Maharashtra Public Security Bill, renamed the ‘Public Oppression Bill’ by protesters. The bills have given rise to protests that highlight a common concern about the reduction of democratic space in the country.

In Rajasthan, the People's Union for Civil Liberties (PUCL), an organisation for the defence of democratic rights, has called the anti-conversion bill, approved on 9 September 2025 by the Legislative Assembly, a serious threat to fundamental rights.

Promoted by the local government led by the Bharatiya Janata Party (BJP), the law was passed despite the Rajasthan Home Ministry itself stating that there have been no cases of “love jihad” in recent years.

In addition to the content, the PUCL criticises the absence of debate and the decision of the Assembly President to proceed with the vote without the opposition, which left the chamber in protest, stressing that this constitutes a serious violation of the democratic process.

The organisation has called the measure ‘draconian’, arguing that it threatens constitutional civil rights such as freedom of conscience, speech, interfaith dialogue, equality and individual choice.

Among the most controversial points are the vague definitions of concepts such as “coercion” and ‘enticement’, which risk criminalising even a simple conversation between people of different faiths. The law also makes voluntary conversions between adults illegal, targeting anyone who ‘convinces’ or ‘assists’ in such a choice, with possible consequences for interfaith marriages and even same-sex unions.

The text provides for exceptions for ‘reconversion’ to the original faith (‘ghar wapsi’), but without clarifying the temporal or practical limits, thus opening the way to arbitrary interpretations and possible abuses against religious minorities.

Furthermore, the penalties are particularly severe: from seven to fourteen years in prison and fines of up to 5 lakh rupees (approximately 5,000 euros), with higher penalties for women, minors and marginalised communities.

Added to this is strong administrative control: every conversion will require the approval of the district magistrate and, in the event of an accusation, it will be up to the person involved to prove their innocence, in contrast to constitutional principles.

While in Rajasthan the battle concerns religious freedom and individual choice, in another Indian state, Maharashtra, civil organisations are protesting to defend freedom of speech and the right to demonstrate. In recent weeks, the political opposition and civil society have mobilised against the approval of the Maharashtra Special Public Security Bill, dubbed the “Public Oppression Bill” by protesters.

Thousands of people took to the streets in Mumbai, Pune and numerous other districts, giving rise to one of the largest mobilisations in recent years in the central-western Indian state. Protesters believe that the law, again promoted by the BJP, jeopardises freedom of expression, the right to dissent and protest, transforming local government into a ‘police state’ where fundamental freedoms are subordinated to security measures and social control.

The measure allows the state government to declare an organisation “illegal” without providing a clear definition of prohibited activities, leaving room for arbitrary interpretations. The law punishes not only membership of such groups, but also mere association or support, making it easier to initiate criminal proceedings.

The new provisions are worrying observers because of the risk of arrests without warrants and preventive detention, tools that could be used to repress dissent and protests.

This is not the first mobilisation: in April and then in July, opponents took to the streets to protest against the legislation. At rallies, speakers pointed out that the law violates Articles 14, 19 and 21 of the Constitution and gives unlimited powers to the government. The slogan that united the crowds was clear: ‘Not Public Security, but Public Oppression Bill!’

In recent days, the Supreme Court has asked the governments of various states to provide explanations on anti-conversion laws, questioning their constitutional validity.

A bench comprising Chief Justice of India Bhushan R. Gavai and Justice K. Vinod Chandran examined petitions regarding the “freedom of religion” laws enacted by Uttar Pradesh, Madhya Pradesh, Himachal Pradesh, Uttarakhand, Chhattisgarh, Gujarat, Haryana, Jharkhand and Karnataka, giving the states four weeks to respond to requests for clarification.

These are issues that have been open for years, but the petitioners argue that the common constitutional concerns at stake justify a hearing by the Supreme Court.

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