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regular-article-logo Tuesday, 03 February 2026

Supreme Court refers anti-conversion laws challenge to three-judge bench

Court issues fresh notices to Centre and twelve states on pending petitions as churches and rights groups allege misuse, targeting religious freedom and marriages

Our Bureau Published 03.02.26, 05:13 AM
Anti conversion laws challenge

The Supreme Court Sourced by the Telegraph

The Supreme Court on Monday referred to a three-judge bench multiple petitions challenging the constitutional validity of anti-conversion laws enacted by at least 12 states.

A bench of Chief Justice Surya Kant and Justice Joymalya Bagchi also issued fresh notices to Centre and the 12 states seeking their response on a fresh petition filed by the National Council of Churches in India (NCCI) within four weeks.

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“Having regard to the importance of the matter let it be placed before a three-judge bench,” the CJI Kant ordered after hearing senior advocate Meenakshi Arora for the NCCI and solicitor-general Tushar Mehta for Centre and some of the states.

Notices were issued to Rajasthan, Uttar Pradesh, Odisha, Chhattisgarh, Arunachal Pradesh, Gujarat, Jharkhand, Uttarakhand, Haryana, Madhya Pradesh, Karnataka and Himachal Pradesh.

Arora contended that the anti-conversion laws “incentivises vigilante” groups to file complaints and harass those converting to other religion. Mehta said the Centre and the states were ready with their replies, which would be filed soon.

Arora said Odisha and Rajasthan had also come out with their separate laws, and they were not under challenge in earlier petitions. "There are amendments also in other Acts which are not challenged. Let me serve all the standing counsels," she said.

"Issue notice. Let a copy of each be served on advocate-generals (of states) also. Let a counter affidavit (of the Centre and 12 states) be filed within four weeks. Let respondents file a common counter affidavit. Having regard to the importance, let it be placed before a three-judge bench," the top court said in the order.

The batch of petitions challenging the anti-conversion laws are pending before the top court since 2020, but had never got any substantive hearing. The delay was caused, in part, by the Covid-19 pandemic and paucity of time that three former CJIs — D.Y. Chandrachud, Sanjiv Khanna and B.R. Gavai — encountered.

The apex court had earlier issued notices to the Centre and states on petitions filed by NGO Citizens for Justice and Peace, Jamiat-Ulema-i-Hind and various other organisations and individuals from different states challenging their anti-conversion laws.

The petitioners had earlier sought a stay on the laws that they alleged were being used to target couples involved in inter-religious marriages.

The Association for Protection of Civil Rights (APCR), through M. Huzaifa and John Dayal, had challenged the constitutionality of key provisions of the Rajasthan Prohibition of Unlawful Conversion of Religion Act, 2025 that prescribe severe penalties for alleged unlawful conversions, including forfeiture, confiscation and demolition of properties.

The provisions were challenged on the ground that the law was in contravention of the Supreme Court’s 2024 judgment that prohibited demolition of properties without giving proper notice and time to the aggrieved persons to defend themselves.

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