Chhattisgarh Cabinet approves new Bill to curb forced conversion
The Chhattisgarh Cabinet approved a new anti-conversion bill to replace the existing Chhattisgarh Dharm Swatantrya Adhiniyam (Freedom of Religion Act), 1968 — itself inherited from Madhya Pradesh when the state was carved out in 2000.
The new bill proposes life imprisonment for mass conversions — a significantly enhanced penalty compared to existing provisions.
Key provisions include: mandatory 60-day advance notice to the District Magistrate by the person wishing to convert; the conversion ceremony officiant must also notify the DM at least 30 days in advance.
The District Magistrate is empowered to direct police to verify the "real intention" behind the proposed religious conversion.
Conversions through "ghar wapsi" (return to one's ancestral religion) are explicitly exempted from the bill's provisions.
Marriages are to be declared null and void if their sole purpose is found to be religious conversion.
The bill targets conversions via force, coercion, allurement, misrepresentation, fraudulent means, or marriage — and extends these prohibitions to digital platforms including social media.
Freedom of Religion: Articles 25–28 of the Constitution
The Constitution of India guarantees freedom of religion as a fundamental right under Articles 25 to 28 of Part III.
Key Details
- Article 25: All persons have the equally the right freely to profess, practise, and propagate religion — subject to public order, morality, health, and other fundamental rights. The word "propagate" was deliberately included after debate — it does NOT include the right to convert another person by force, fraud, or inducement.
- Article 26: Religious denominations have the right to manage their own religious affairs.
- Article 27: No person shall be compelled to pay taxes for the promotion or maintenance of any religion.
- Article 28: No religious instruction shall be provided in state-funded educational institutions.
- The Supreme Court in Stainislaus v. State of Madhya Pradesh (1977) upheld anti-conversion laws, ruling that the right to "propagate" religion does not include the right to convert another person — and that forced or induced conversions could be regulated by the state in the interest of public order.
Chhattisgarh's new bill is built on the constitutional foundation established in Stainislaus (1977). The state exercises its power to regulate conversions that involve force, fraud, or allurement — activities that the SC held were not protected under Article 25. However, the bill's advance-notification requirement and DM verification of "intent" may face fresh constitutional scrutiny for overreaching into genuinely voluntary conversions.
Anti-Conversion Laws in India: A State-by-State Landscape
Anti-conversion legislation in India is state-specific; there is no central law. These laws are commonly called "Freedom of Religion Acts" and target conversions by force, inducement, or fraud.
Key Details
- History: Orissa was the first state to pass an anti-conversion law (Freedom of Religion Act, 1967); Madhya Pradesh followed in 1968. Chhattisgarh inherited the 1968 MP law when carved out in 2000.
- States with anti-conversion laws (as of 2026): Orissa, Madhya Pradesh, Chhattisgarh, Arunachal Pradesh, Gujarat, Himachal Pradesh, Jharkhand, Uttarakhand, Uttar Pradesh (also covers "love jihad"), Karnataka.
- Common features: Prohibition on forcible/fraudulent/allurement-based conversion; penalty provisions; requirement of prior notice to district authorities.
- Stringent versions (UP, Chhattisgarh): Enhanced penalties for conversions involving minors, women, SC/ST persons; "null and void" marriages for conversion-purpose.
- "Ghar wapsi" exemption: Most state laws exempt "reconversion" to one's original religion — a contested provision as it treats different religions unequally.
- Legislative competence: Religion and religious denominations fall under Concurrent List (Entry 1 of List III), allowing both Centre and states to legislate.
Chhattisgarh's new bill significantly raises penalties (life term for mass conversions) and extends reach to digital platforms — a first in Indian anti-conversion legislation. The ghar wapsi exemption and DM prior-verification mechanism will likely draw legal challenges on equality (Article 14) and religious freedom (Article 25) grounds.
Tribal Communities, Religion, and State Policy
Anti-conversion legislation in central Indian states like Chhattisgarh has particular resonance because the state has a significant tribal (Adivasi) population, and conversion — primarily to Christianity — has historically been a social and political flashpoint.
Key Details
- Chhattisgarh: ~32% tribal population (Scheduled Tribes), among the highest in peninsular India.
- The bill reportedly includes provisions that converted tribals may lose access to tribal welfare benefits — a policy instrument to discourage conversion among SC/ST communities.
- Fifth Schedule areas (applicable in Chhattisgarh): Special tribal governance protections including Panchayats (Extension to Scheduled Areas) Act, 1996 (PESA).
- PESA Act, 1996: Extends panchayati raj to Scheduled Areas with tribal self-governance provisions.
- Article 341/342: President may specify SC/ST communities by order; those converting to religions other than Hinduism, Sikhism, or Buddhism lose SC status (per Presidential Order 1950 — under challenge in the Supreme Court).
The Chhattisgarh bill's tribal welfare provisions overlap with ongoing legal debates about whether SC status loss on conversion is constitutional. The Supreme Court is currently examining a petition challenging the 1950 Presidential Order that denies SC reservation benefits to Dalit Christians and Dalit Muslims.
- Replaced law: Chhattisgarh Dharm Swatantrya Adhiniyam (Freedom of Religion Act), 1968 (inherited from MP).
- New penalty: Life imprisonment for mass conversions; enhanced penalties for conversions of women, minors, SC/ST persons.
- Procedural requirement: 60-day advance notice to District Magistrate by person wishing to convert; 30-day notice by officiant.
- DM role: Verify "real intention" of conversion; police inquiry authorised.
- Marriage clause: Null and void if sole purpose is religious conversion.
- Ghar wapsi: Exempt from bill's provisions.
- Digital extension: First anti-conversion law to explicitly cover conversions via social media and electronic communication.
- Article 25: Right to freely profess, practise and propagate religion — subject to public order, morality, health.
- Stainislaus v. State of MP (1977): SC upheld state anti-conversion laws; "propagate" does not include right to forcibly convert.
- Chhattisgarh tribal population: ~32% ST; Fifth Schedule protections and PESA Act (1996) applicable.