Regulating Religious Choices: Foundations and Legitimacy of Anti-conversion Laws in India

Abstract

Abstract In the last few years, there has been a conspicuous upsurge in the enactment of anti-conversion laws by many Indian states. Even though some states have had such laws since the 1960s, the recent ones are more aggressive and stringent, primarily aimed at making the conversion process cumbersome and illegal on additional grounds including marriage of inter-faith couples. The recent laws have been targeted for furthering the political agenda of love-jihad and violating the secular ideals enshrined in the Constitution. This article argues that the object of the recent anti-conversion enactments is largely political and reflects majoritarian disposition. It is further asserted that the inherent ambiguities in the grounds of unlawful conversion and procedural provisions of these laws are arbitrary, discriminatory, and violative of the right to equality, freedom of religion, marriage, and privacy recognised by the Constitution.