The Supreme Court has agreed to examine a challenge to several provisions of Rajasthan’s Prohibition of Unlawful Conversion of Religion Act, 2025. A bench of Justices Vikram Nath and Sandeep Mehta has sought a response from the state government after petitioners questioned the constitutionality of the law, particularly the parts that allow authorities to confiscate or demolish property linked to alleged illegal religious conversions.
The petition, filed by advocate-researcher M. Huzaifa along with rights activist John Dayal, argues that sections of the statute including Sections 5(6), 10(3), 12, and 13 give sweeping and unchecked powers to administrative officers. These provisions enable the state to seize property, freeze accounts, cancel institutional licences, impose heavy fines, and even demolish structures based merely on an administrative inquiry, without a prior judicial determination of guilt.
For instance, Section 5(6) authorizes the forfeiture of property after a magistrate-appointed gazetted officer conducts an inquiry, while Section 10(3) permits the cancellation of registrations, closure of accounts, and penalties of up to ₹1 crore if an organization is suspected of violating the Act. Sections 12 and 13 further empower the state to take over or demolish buildings linked to alleged illegal or mass conversions after issuing a show-cause notice.
The petitioners maintain that these powers violate fundamental rights, including equality before law, personal liberty, and due process, and also infringe upon the constitutional protection of property. They contend that the Act effectively bypasses the courts by allowing executive authorities to impose severe consequences without a trial, undermining judicial oversight and the separation of powers.
They also argue that the demolition provisions contradict a 2024 Supreme Court ruling that restricted extrajudicial demolitions. According to them, the law disproportionately threatens minority communities and could result in the arbitrary targeting of individuals or institutions under the guise of preventing forced conversions.
With notice now issued, the Rajasthan government will have to defend the legality of its anti-conversion law before the Supreme Court in the upcoming hearings.
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