UPSC | Mains GS2 | 2026

Discuss the constitutional tensions involved in regulating religious conversion, with particular reference to individual autonomy, public order and protection from coercion.

Answer

Introduction

Introduction

Conversion regulation must protect free conscience and religious choice while addressing coercion, fraud and exploitation; the constitutional balance is substantive, not merely procedural.

Constitutional Framework

Constitutional framework

  • Article 25 protects freedom of conscience and the right to profess, practise and propagate religion, subject to public order, morality, health and other fundamental rights.
  • Articles 14 and 21 require non-arbitrariness, dignity and decisional autonomy; Articles 15 and 17 inform equality and anti-discrimination.
  • State laws cannot treat every voluntary conversion as suspect merely because it changes community identity.

Regulatory Concerns

Regulatory concerns

  • Prior notice and official declarations may support investigation of coercion but can expose converts to social pressure.
  • Vague offences, severe punishment and private complaints risk selective enforcement and chilling effects.
  • Burial disputes and worship restrictions show that formal legality must be matched by protection against mob coercion.

Balanced Approach

Balanced approach

Rules should define coercion and fraud narrowly, place the burden on the complainant or prosecution, ensure confidential and independent verification, protect minors and vulnerable persons, and provide judicial review. Community mediation cannot replace constitutional remedies.

Keywords

Keywords

Article 25; freedom of conscience; autonomy; public order; proportionality; anti-coercion; constitutional morality; judicial review.

Topics: anti-conversion regulation, fundamental rights, polity and governance, religious freedom