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PUCL slams recently passed Rajasthan anti-conversion bill as “draconian and unconstitutional”

Civil liberties body says bill criminalises faith, dialogue, and choice; demands Governor/President intervention

The People’s Union for Civil Liberties (PUCL) has strongly condemned the passage of the Rajasthan anti-conversion bill by the State Assembly on September 9, 2025, terming it a draconian law that undermines core constitutional rights. PUCL highlighted that the bill was passed without the participation of opposition members, who were protesting the denial of fair legislative procedures by the Speaker. According to the PUCL, the lack of debate and the Speaker’s insistence on pushing the bill through reflects a troubling erosion of democratic norms.

PUCL has announced that it will lobby with the Governor and the President to prevent the bill from receiving assent, arguing that its legality is questionable and that it infringes upon the fundamental right to freedom of conscience, free speech, interfaith dialogue, equality, and individual choice. The organisation has warned that the bill’s punitive provisions are excessive and likely to be struck down by the courts if challenged.

Key concerns with the bill

PUCL pointed to several problematic provisions across the bill:

  1. Overbroad definitions: The definitions under Section 2 are excessively wide, arbitrary, and untested for reasonableness. Concepts such as “allurement” and “coercion” are defined in ways far broader than similar state laws, and they introduce psychological pressure as a basis for criminal liability, which current police frameworks are ill-equipped to handle.
  2. Prohibitory and punitive provisions: Section 3 declares conversions unlawful and, when read alongside Section 5, makes even voluntary adult conversions punishable. The bill also criminalises any form of abetment or “convincing,” which could include ordinary interfaith discussions, thereby stifling free expression.
  3. Marriage and interfaith implications: The bill contains new restrictions affecting the right to marry, including potential implications for same-sex marriages.
  4. ‘Ghar Wapsi’ and ambiguities: Section 3’s explanations, including provisions for “reconversion” to one’s previous faith, are vague and could be interpreted to support forced reconversions (“ghar wapsi”) targeting Muslims, Christians, Buddhists, and Ambedkarite communities. The law fails to clarify temporal limits for prior conversions, leaving room for discriminatory enforcement.
  5. Draconian sentences: Punishments are extraordinarily severe: a minimum of seven years imprisonment (extendable to 14 years) and fines of ₹5 lakh for general violations; longer sentences and higher fines apply for women, minors, SC/ST individuals, and mass conversions. PUCL asserts that such mandatory sentencing is unconstitutional.
  6. Invasive administrative oversight: The bill mandates intrusive District Magistrate inquiries into every conversion, potentially affecting interfaith marriages. Parties who “counsel, convince, or procure” conversions are criminalised, which constitutes a disproportionate restriction on free speech and interfaith dialogue.
  7. Burden of proof on the accused: Section 12 places the burden of proof on individuals accused of facilitating conversions, violating the fundamental principle that the prosecution bears the burden of proof.

Conclusion

The PUCL asserts that the Rajasthan anti-conversion bill is an unconstitutional, overreaching law that undermines democratic principles and individual liberties. By attempting to regulate personal faith and interfaith interactions through coercive administrative and punitive measures, the bill threatens to marginalise minority communities and stifle free expression. The organisation is committed to lobbying at the highest levels of the state and central government to prevent the bill from becoming law.

 

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