Context: The Rajasthan Prohibition of Unlawful Conversion of Religion Bill, 2025, was introduced in the state Assembly, during the ongoing Budget Session. The bill aims to regulate and prohibit unlawful religious conversions in the state, with stringent penalties for violators.

Key Provisions of the Bill

• Cognizable and Non-Bailable Offence: The offence under this bill is cognisable (allowing police to make an arrest without a warrant) and non-bailable. This means the accused can be arrested and denied bail during the investigation.

Punishment and Penalties

• General Offences: If religious conversion is done by misrepresentation, force, coercion, undue influence, allurement, fraudulent means, or by marriage, the offender faces imprisonment of 1 to 5 years and a fine of Rs 15,000.

• Conversion of Minors, Women, or Scheduled Castes/Scheduled Tribes: The punishment for violations involving vulnerable groups is 2 to 10 years imprisonment with a fine of Rs 25,000.

• Mass Conversions: The bill mandates 3 to 10 years of imprisonment and a fine of Rs 50,000 for cases of mass conversions.

• Declaration Requirement: Individuals wishing to convert must submit a declaration to the District Magistrate at least 60 days prior to the conversion. This provision ensures a legal process for religious conversions.

• Compensation for Victims: The court may direct the accused to pay compensation to the victim, which can extend up to Rs 5 lakh.

• Repeat Offenders: Double punishment is proposed for repeat offenders, increasing the severity of penalties for those who commit the offence multiple times.

• Earlier to this, several states like Uttar Pradesh, Karnataka, Gujarat, Madhya Pradesh, Chhattisgarh, etc have passed anti-conversion laws to curb the forceful religious conversion.

Supreme Court Judgments on Conversion and Marriage

• Hadiya vs. Ashokan K.M. (2017): The Court ruled that an adult has the right to marry and convert to another religion of their choice. The state cannot interfere with an individual's freedom to marry or convert.

• Lata Singh vs. State of Uttar Pradesh (2006): The Court upheld an individual's right to marry anyone of their choice, regardless of religion or caste. Any state or external interference in this right is a violation of personal liberty.

• Sarla Mudgal vs. Union of India (1995): Conversion for marriage is permissible, but it cannot be used to avoid legal responsibilities, such as under the Hindu Marriage Act. The Court ruled such conversions are invalid in legal proceedings if done solely for evading laws.

• Pushpabai vs. C.T. Selvaraj (1982): The Court affirmed that conversion must be genuine and voluntary. Any coercion or misrepresentation in religious conversion violates the right to religious freedom.

Protection Of Freedom Of Religion Under Indian Constitution

• Article 25 to 28 of Part-3 (Fundamental Rights) of the Constitution confers the Right to freedom of religion.

• Article 25(1) of the Constitution guarantees the "freedom of conscience and the right freely to profess, practise and propagate religion".

• It is a right that guarantees a negative liberty which means that the state shall ensure that there is no interference or obstacle to exercise this freedom.

• However, like all fundamental rights, the state can restrict the right for grounds of public order, decency, morality, health and other state interests.

• Article 26: Freedom to manage religious affairs subject to public order, morality and health.

• Article 27: No person shall be compelled to pay any taxes for the promotion or maintenance of any particular religion.

• Article 28: Freedom to attend religious instruction or religious worship in certain educational institutions.

Global Practices

• In Algeria, the constitution declares that Islam is the state religion. An attempt to convert a Muslim is penalised with five years in prison and a fine of USD 70 to USD 140.

• Bhutan introduced an anti-conversion clause in 2011 which imposes an imprisonment of three years.

• The Constitution of the United Arab Emirates (UAE) states that it is illegal to convert from Islam and leaving the Islamic faith is a crime punishable by death.