Supreme Court issues notice on plea against Chhattisgarh anti-conservation law

The Supreme Court on Monday sought responses from the Union and Chhattisgarh governments in a petition challenging the constitutional validity of Chhattisgarh’s anti-conversion law, directing that it be heard along with pending matters challenging similar laws passed in Uttar Pradesh and Rajasthan.In March, the Chhattisgarh assembly passed the law to prevent religious conversions carried out through force, inducement, fraud or misrepresentation.

It provides for life imprisonment in cases of mass conversion.Chhattisgarh’s anti-conversion law was the latest in a series of such legislation, which civil rights groups say violates an individual’s rights. They are seen as an attempt to curb interfaith marriages.A bench of Chief Justice of India (CJI) Surya Kant and Justices Joymalya Bagchi and V Mohana issued notices to the Union and Chhattisgarh governments.Isai Adivasi Mahasabha, an organisation representing tribal Christians, moved the court against the Chhattisgarh legislation.

The bench informed the petitioner that a similar challenge is pending before the Chhattisgarh High Court.The bench initially said the matter could be referred to the high court. It added that it would be better if the petitioner pursued the matter in the high court instead of it remaining pending in the Supreme Court. The bench said it is willing to request the high court to expeditiously hear the challenge.Senior advocate Colin Gonsalves, who appeared for the petitioner, noted that similar laws passed are under challenge in the Supreme Court.

“Once these matters are decided, the matters before the high court will become redundant.”The bench told Gonsalves it cannot force the petitioners who have approached the high court to come before it.Gonsalves pointed out that he is in touch with the petitioners who filed the case in the high court and that they are of the view the matter ought to have been filed in the Supreme Court.

Gonsalves agreed to consult them and consider filing a transfer petition to bring the matters to the Supreme Court.The petitioner said the original version of the Chhattisgarh law was confined to a narrow prohibition against conversion by force, fraud or allurement and did not touch voluntary conversion.It cited the Constitution’s Article 25 (religious freedom) and argued the choice of religious belief is the most intimate expression of personal autonomy of a citizen’s fundamental right.The plea questioned section 2(l)(a) of the Chhattisgarh law, which treats even a promise of a “better lifestyle” as “allurement”.

It added that section 2(l)(a)(vii) treats “glorifying one religion against another” as a prohibited inducement.“These formulations are wide enough to capture ordinary religious preaching, exposition of doctrine, and humanitarian or charitable work that this court has repeatedly held to be constitutionally protected,” the petition said. It added that the law exempts “reversion” to ancestral religion or faith even as the expression “ancestral religion” is not defined.The petition challenged the prior declaration under section 4, mandating publication of an applicant’s name for conversion, current faith and proposed religion on the competent authority’s website and on notice boards in the tahsildar office, gram panchayat and local police.

Non-compliance with this rule renders the conversion illegal.“This converts the exercise of an inherent fundamental right into a licensed activity, contingent on advance governmental notification and compulsory neighbourhood-level publicity of what this court has repeatedly held to be one of the most private decisions a person can make,” the petition said.The law provides for a fresh post-conversion declaration within 30 days, followed by compulsory personal appearance within 21 days, failing which no Certificate of Conversion shall be issued and the conversion will be rendered “illegal and void”.It provides for a minimum punishment of seven years’ imprisonment.

It can extend to 10 years wherever the convert happens to be a minor, a woman, or belonging to the Other Backward Class, Scheduled Caste, or Scheduled Tribe category.