Rajasthan demands notice period for religious conversion

Rajasthan is becoming the 12th state in India to pass an anti-conversion law. The Bhajanlal Sharma-led BJP government introduced the Rajasthan Prohibition of Unlawful Conversion of Religion Bill, 2025 in the Assembly on Monday. As in the case of the states which brought in such law before it, the purpose of Rajasthan's anti-conversion bill is claims that conversions when done through misleading, allurement, and coercion has to be prevented by law. Even as it cites the freedom to believe in and practise religion provided by the Constitution, the Bill states that this freedom for individuals should not lead to organised religious conversion. The preamble also states that gullible people, who have been easily duped in many recent incidents, should be prevented from being manipulated through misunderstanding, coercion, allurement or fraud. Earlier, in 2006 the BJP government in Rajasthan had attempted similar legislation, but due to the intervention of the President at various stages, it did not become a law.

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It will easily be clear that the provisions of the bill are such as to block any conversion in the pretext of preventing forced conversion. It form part of the real cultural agenda of the BJP and RSS to stop the activities of Muslims and Christians to propagate their religion and to weaken both the communities culturally and socially. As a result of propaganda by these groups, the bill will be a weapon to repel anyone who comes forward to convert. The provisions of the bill, with all the trappings of a criminal law, reveal this. Those who make unlawful religious conversions can be punished with imprisonment from one year to five years and a fine of up to Rs 15,000. If a minor, a woman, or someone of Scheduled Caste and Scheduled Tribe converts, the imprisonment for the guilty is from 2-10 years and a fine of up to Rs 25,000. In case of mass conversion, imprisonment can go from three to 10 years and a fine of up to Rs 50,000. Family courts will have the power to declare marriages conducted solely for the purpose of conversion as void. The close relatives of the family and the police themselves will have the authority to cite violations. Moreover, the offences mentioned in the law are cognizable and non-bailable. If someone is proven as a victim of unlawful religious conversion, the court can also award compensation up to Rs 500,000.

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In short, converting someone to a religion would become a serious offence punishable by severe consequences. That is what the BJP, which has become a symbol of religious intolerance, is aiming at. The bill completely negates the basic principle that religious conversion is a process of conviction through an understanding of another religion either voluntarily or by persuasion. Not that there haven't been rare cases of people being converted to religion for other reasons. However, instead of dealing with such isolated cases based on complaints, the BJP ruling dispensation is making conversion itself highly suspicious and subject to government crackdown.

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The BJP government has also fixed in effect a 'notice period' for religious conversion in the bill. Once a person decides to convert, it is customary to live accordingly from that moment on and engage in rituals and practices of the newly chosen religion. However, the Rajasthan bill demands that they serve a notice at least 60 days before conversion to the intended religion, in a prescribed form to be filed before the District Magistrate. Then through police investigation and other official steps, the authorities should be convinced that it is not an unlawful religious conversion. In the meantime, if any complaint is received, the onus to prove that no law has been violated falls on the person who wants to convert to another religion. In a secular country where it is presumed that religion is a private matter of the citizens and the government will not interfere in it, the BJP government is venturing a ridiculous decision to make the citizens serve a notice period and wait to believe and practice the religion of their choice. Thus when making faith and practices a problem to be dealt with, and by causing discord in the society, who is that going to help?

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From violating the general principle of the Indian justice system that the burden of proof is on the accuser to the denial of fundamental rights such as personal liberty and religious freedom, this legislation of Rajasthan liable to be questioned within the framework of a free democratic secular state. It should not be overlooked either that at least on some occasions, such legislative moves pass without significant intervention from the judiciary. Also, remember that when the earlier Rajasthan attempt got stalled, the High Court itself had issued some guidelines in the name of anti-conversion clauses. With the existing majority, the BJP government in Rajasthan is likely to get the bill passed. At that point, the question that arises is whether at least the judiciary will come to the assistance of those who strive to see democracy and religious freedom survive in the country.

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