3. Chhattisgarh Freedom of Religion Bill, 2026: Analysis of Anti-Conversion Legislation

The Chhattisgarh Legislative Assembly recently passed the \'Chhattisgarh Dharm Swatantra Vidheyak\' (Freedom of Religion Bill), 2026, aimed at replacing the 1968 Madhya Pradesh Dharma Swatantra Adhiniyam. The legislation introduces some of the most stringent penalties in India to regulate religious conversions, sparking significant debate regarding the balance between state intervention and the fundamental right to practice and propagate religion. • Broad Scope of Prohibitions: The Bill prohibits conversions through misrepresentation, force, undue influence, coercion, allurement, or \'glorification\' of a faith. It specifically includes both physical and digital means of inducement or abetment. • Stringent Penal Provisions: For \'mass conversions\' (defined as two or more persons), the Bill mandates imprisonment of 10 years to life, with fines of ₹25 lakh or more. Repeat offenders also face potential life imprisonment. • Expanded Definition of Allurement: Allurement now covers not just monetary benefits or gifts, but also promises of employment, free education, medical facilities, marriage, or an improved lifestyle. • Mandatory Prior Intimation: Individuals intending to convert and the religious functionaries performing the ritual must submit a formal declaration to a \'Competent Authority\' (not below the rank of Additional District Magistrate) for prior approval and public notification. • Exclusion for Reconversion: The legislation explicitly states that \'reconversion to one’s ancestral religion\' will not be treated as a conversion under this law, a provision often referred to as \'Ghar Wapsi\' in socio-political discourse. • Special Judicial Mechanism: The Bill proposes the establishment of Special Courts to expedite the trial of cases registered under this Act, ensuring dedicated legal oversight for conversion-related disputes. Key Definitions • Mass Conversion: According to the Bill, the conversion of two or more persons simultaneously or as part of a single transaction is categorized as a mass conversion. • Competent Authority: Refers to the District Magistrate (DM) or an officer authorized by the DM, holding a rank no lower than Additional District Magistrate (ADM), responsible for vetting conversion declarations. • Coercion: Includes psychological pressure, physical force, or threats of social boycott to compel an individual to change their faith. • Force Majeure in Conversion: While not explicitly named, the law treats \'undue influence\' as a breach of voluntary consent, effectively voiding the legality of the conversion. Constitutional & Legal Provisions • Article 25: Guarantees the freedom of conscience and the right to freely profess, practice, and propagate religion, subject to public order, morality, and health. The Supreme Court in Rev. Stainislaus v. State of Madhya Pradesh (1977) held that the \'right to propagate\' does not include the \'right to convert\' another person. • Article 21: The right to life and personal liberty. In the Hadiya Case (2018), the SC affirmed that the right to choose a partner or a religion is an integral part of an individual\'s autonomy and privacy. • State List (Schedule VII): \'Public Order\' (Entry 1) falls under the State List, which states use as the constitutional basis for enacting anti-conversion laws to prevent communal tension. • Article 13: Mandates that the State shall not make any law which takes away or abridges fundamental rights. Critics argue that mandatory prior intimation may infringe upon the right to privacy. Additional Keypoints • Burden of Proof: Similar to other state laws (like those in UP and MP), the burden of proof often lies on the individual who has converted or facilitated the conversion to prove it was not forced. • Public Notification: The requirement to publish conversion details on official websites raises concerns regarding the right to privacy and the potential for social harassment of the individuals involved. • Judicial Scrutiny: Similar laws from 11 other states are currently under challenge in the Supreme Court on grounds of being vague, disproportionate, and violative of the \'Basic Structure\' of the Constitution. Conclusion The Chhattisgarh Freedom of Religion Bill, 2026, represents a significant hardening of the state\'s stance against perceived predatory conversions. While the government defends it as a shield for the poor and uneducated against exploitation, the legal challenge lies in ensuring that the law does not become a tool for state overreach into the private spiritual choices of citizens. The balance between \'Public Order\' and \'Individual Liberty\' remains the central theme of this legislative development. UPSC Relevance • GS Paper II: Indian Constitution (Fundamental Rights, Articles 25-28), Separation of Powers, and State-Legislative processes. • GS Paper IV: Ethics and Human Interface (Freedom of choice vs. social morality, ethical dimensions of religious conversion). • Prelims: Landmark judgements related to Article 25 (Stainislaus case, Hadiya case), and the distribution of powers between Union and States under the 7th Schedule.