The BJP-led Rajasthan government on Tuesday submitted an affidavit to the Supreme Court, stating its intention to enact legislation against religious conversion, also known as an anti-conversion law.
"The state of Rajasthan is in the process of bringing its own legislation, and till such time, it will strictly abide by the law on the subject, guidelines or the directions passed by this Hon'ble court," the state government said in its affidavit filed in the top court.
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The affidavit by Additional Superintendent of Police Bharat Lal Meena was filed in a 2022 PIL, which had been filed by Bharatiya Janata Party (BJP) leader and lawyer Ashwini Kumar Upadhyaya, seeking measures to prevent fraudulent and forced religious conversions.
The top court had said that forcible religious conversions, if true, were a "serious issue" which could affect the security of the nation, and had sought the response of the Centre.
Upadhyaya's PIL, filed in 2022, urged the Union and States to take stringent action to curb fraudulent and coercive religious conversions, including those achieved through intimidation, threats, deceitful inducements, and monetary benefits.
Furthermore, the petitioner had sought the intervention of agencies such as the National Investigation Agency (NIA), Central Bureau of Investigation (CBI), National Human Rights Commission (NHRC), and National Commission for Protection of Child Rights (NCPCR) to investigate the circumstances leading to the suicide of 17-year-old Lavanya in Thanjavur, Tamil Nadu.
As an alternative, the petitioner had proposed that the Law Commission of India prepare a report and draft legislation to address religious conversion achieved through intimidation, threats, deceitful inducements, and monetary benefits.
During a hearing in November 2022, the bench, led by Justice MR Shah and Justice Hima Kohli, expressed concern about forced religious conversions, acknowledging their potential threat to national security. Consequently, the court solicited responses from the Centre and states on this matter.
However, the court found certain statements in Upadhyaya's petition to be derogatory towards minority religions. As a result, the petitioner's name was removed from the case title, which was changed to "In Re: The Issue of Religious Conversion."
In addition to Upadhyaya's petition, the Supreme Court had consolidated other PILs challenging laws passed by several states, including Uttar Pradesh, Madhya Pradesh, Haryana, and Gujarat, regarding religious conversions. These laws had been criticised by the top court for their alleged discriminatory impact on specific minority communities.
Yet another Indian state has announced plans to enact a draconian anti-conversion law, which is often used to harass Christians in the country.
The pro-Hindu Bharatiya Janata Party (BJP) government in the northwestern state of Rajasthan disclosed its intent to curb religious conversions in an affidavit filed before the Supreme Court, the country's top court, on June 18.
The affidavit was filed in response to a public interest litigation by Delhi-based lawyer and BJP Ashwini Kumar Upadhyay seeking stringent steps by federal and state governments to control fraudulent religious conversions, which he called “a nationwide problem.”
The petition alleged the involvement of Christians in fraudulent religious conversion.
Eleven Indian states, most of them ruled by the BJP, have enacted the draconian law, ironically named as freedom of religious acts. But Rajasthan “lacks a specific legislation” to curb conversions, according to the affidavit filed by the state government.
After defeating the 'secular' Congress party, the BJP formed a government in Rajasthan in December last year.
“There is no doubt enactment of an anti-conversion law will make Christians vulnerable to hardline Hindu groups,” said a Catholic priest based in Rajasthan.
According to Christian leaders, Hindu nationalist groups and activists may misuse the anti-conversion law to target them with impunity.
“Laws are made when there is a need for them. But in this case, there is no such need,” said A.C. Michael, a Catholic leader based in Delhi.
He told UCA News on June 19 that the top court should ask the state government to show clinching evidence of fraudulent religious conversions in the state.
Michael, a former member of the Delhi state minority commission, said that the proposed law “will only make the life of Christians difficult.”
Christians face severe atrocities in the neighboring state of Uttar Pradesh, ruled by the BJP.
The draconian anti-conversion law was first enforced as an ordinance in 2020 and adopted by the state assembly the following year as the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act 2021.
Since the implementation of the law, close to 400 Christians, including Catholic priests and pastors, have been jailed in the state under the sweeping law.
“We cannot rule out a similar situation in our state,” said a priest attached to the Udainagar diocese in Rajasthan.
India's top court is hearing public interest petitions challenging the constitutional validity of the anti-conversion laws passed by the states. However, the court has not stopped their implementation.
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