Examine the constitutional validity of anti-conversion laws in India with reference to Articles 21 and 25 of the Constitution.

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Introduction

Anti-conversion laws enacted by several States aim to regulate religious conversions, especially those involving force, fraud, or inducement. Their constitutional validity hinges on the balance between religious freedom (Article 25) and personal liberty (Article 21).

Article 25: Freedom of Religion

Scope: Guarantees freedom of conscience and the right to freely profess, practice, and propagate religion.
Judicial Interpretation: In Rev. Stanislaus v. State of MP (1977), the Supreme Court held that the right to propagate does not include the right to convert another person.
Reasonable Restrictions: Anti-conversion laws are justified under public order, morality, and health, as forced or fraudulent conversions may disturb social harmony.
Concerns: Broad definitions of “inducement” or “allurement” may chill legitimate religious expression.

Article 21: Right to Life and Personal Liberty

Autonomy and Choice: The right to choose one’s religion is part of individual autonomy and dignity (as recognised in Puttaswamy and Shafin Jahan cases).
Privacy Dimension: Conversion is a matter of personal belief, falling within the right to privacy.
Procedural Intrusions: Requirements such as prior notice to authorities and scrutiny of conversion may violate decisional autonomy and lead to state overreach.

Tensions and Constitutional Concerns

Disproportionate Restrictions: Vague provisions and excessive procedural requirements may fail the test of reasonableness and proportionality.
Targeting Interfaith Marriages: Some laws indirectly affect marital choice, raising concerns under Articles 21 and 25.
Potential Misuse: Risk of harassment and selective enforcement undermines fundamental rights.

Conclusion

While preventing coercive conversions is constitutionally valid, anti-conversion laws must be narrowly tailored, respect individual autonomy, and adhere to proportionality to remain consistent with Articles 21 and 25.

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