TAMIL NADU NATIONAL LAW UNIVERSITY

FREEDOM OF RELIGION AND ANTI-LOVE JIHAD LAW

submitted for the internal assessment for 

B.COM., LL.B. (Hons.) for the subject 

LEGAL METHODS

BY

Anmol Saini
(Registration number- BC0220004)

of

1st-year B.Com.LL.B. (Hons.)

Under the guidance and supervision of 

Mr. Anand Kumar Singh       
FREEDOM OF RELIGION AND ANTI LOVE JIHAD LAWS

INTRODUCTION

CH 1 WHAT IS ANTI CONVERSION LAW, LOVE JIHAD , FREEDOM OF RELIGION

Ch 2 ANTI CONVERSION LAW CHALLENGE TO SECULARISM AND

FUNDAMENTAL RIGHTS

Ch 3 LEGAL LIMITS ON RELIGIOUS CONVERSION

Ch 4 ARTICLE 25 RIGHT TO PRACICE PROFESS AND PROPOGATE

ABSTRACT:

‘Love Jihad' is an unofficial term used by radical certain groups to refer to a purported effort
by Muslim males to convert Hindu females under the guise of love and marriage. The phrase
"love jihad" was used by the BJP in 2009 to describe religious conversions happening in the
context of marriage, with the majority of victims being Hindu and Sikh women. The Anti-
Love Jihad laws seek to control religious conversions through "forced or fraudulent means,"
as well as "allurement" or "induction." The researcher attempts to demonstrate the
constitutional validity of anti-conversion or anti-love jihad laws in this research paper. In
addition, the researcher attempts to analyses the inconsistencies of Anti-Love Jihad laws in
relation to Secularism and Article 25 [Right to Religion] of the Constitution.

INTRODUCTION:

Article 25 of Indian Constitution, guarantees Freedom of conscience and free profession,

practice, and propagation of religion

‘Love Jihad' is an unofficial term used by several political parties and groups to refer to
interfaith marriages taking place between Muslim men and non-Muslim women and further
conversion of non-Muslim women to Islam under the guise of love and marriage.

purported effort by Muslim males to convert Hindu females under the guise of love and
marriage. The conversion of Hindu females into Islam under Love-Jihad can be done through
various means other than marriage. The phrase "love jihad" was used by the BJP in 2009 to
describe religious conversions happening in the context of marriage, with the majority of
victims being Hindu and Sikh women. The Anti-Love Jihad law states that the marriage
which is done for the sole purpose of conversion of woman’s religion will be considered null
and void. In this research paper the researcher attempts to bring out the Constitutional
validity of the Anti-Conversion or Anti-Love Jihad Laws. The researcher also attempts to
analyze the contradictions of Anti-Love Jihad laws in relation to Article 21 of the
Constitution.

The researcher through the above mention of state laws tries to emphasize that the anti-
conversion legislation being introduced by the states is not a new phenomenon but they were
very much in place even before the independence era.

In contemporary India, official assessments of the constitutionality of conversions are based

on two assumptions: first, those persons who convert in groups may not have freely chosen
conversion, and second, that some groups are especially prone to be persuaded to change
their faith such as women, lower caste tribes etc. 

Anti-Love Jihad Laws aslo referred as Anti-Conversion Laws

In this research paper the researcher attempts to bring out the Constitutional validity of the
Anti-Conversion or Anti-Love Jihad Laws. The researcher also attempts to analyze the
contradictions of Anti-Love Jihad laws in relation to Article 21 of the Constitution.
RESEARCH QUESTIONS:
(I) Whether the Anti-Love Jihad laws are constitutionally valid?
(II) Whether the Anti-Love Jihad laws possess a challenge to secularism and
fundamental rights?

RESEARCH OBJECTIVES:
(I) To analyze the Constitutionality of Anti Conversion Laws.
(II) To analyze legal limits on religious conversions.
(III) To analyze the contradiction in conversion laws with the right to practice,
profess and propagate religion.
I. LOVE JIHAD AND ANTI CONVERSION LAWS

1.1. LOVE-JIHAD IN GENERAL:

The concept of Love Jihad can be understood as a globalizing stereotype that originated in
India and now is expanded to a broader aspect of cultures and national factors all throughout
the world. Since, there has been substantial growth in negative depictions of Islam and
Muslims throughout the world during the last two decades, giving rise to the term
Islamophobia.1 Islamophobia as per the definition given by Erik Bleich demonstrates the
indiscriminate negative attitudes or emotions directed at Islam or Muslims2.

Thus, the excessively negative portrayal of Islam in the global context, even though not
intentionally, increased public distrust in domestic Muslim populations. Leading to an
interrelationship, with interfaith marriages between Muslim men and non-Muslim women
being labeled as Love Jihad. That established inter-faith marriages between Muslim men and
non-Muslim women as an anti-Muslim concept in the minds of non-Muslim populations.

"Love Jihad", by common political groups is described as an International Islamic conspiracy

in which Muslim males deliberately allure and entrap non-Muslim women with the intent to
marry and then convert them to Islam as part of an Islamization strategy, with the majority of
victims being Hindu and Sikh women.3 It is true that most women who does not belong to
Islam, do convert to Islam if they marry a Muslim men because the Muslim marriage
ceremony, or nikah, is not valid unless both parties are ‘People of the Book’ and under Islam,
the term ‘People of the Book’ includes only Christians and Jews.4

1.2. ANTI CONVERSION LAWS IN INDIA

1
Frydenlund, Iselin, and Eviane Leidig. 2022. "Introduction: “Love Jihad”: Sexuality, Reproduction and the
Construction of the Predatory Muslim Male" Religions 13, no. 3: 201, (Nov. 24, 2022, 4:43 PM),
https://doi.org/10.3390/rel13030201
2
Erik Bleich, Defining and Researching Islamophobia, Vol. 46, No. 2, 180-189 (2012).
3
Frydenlund, Iselin, and Eviane Leidig. 2022. "Introduction: “Love Jihad”: Sexuality, Reproduction and the
Construction of the Predatory Muslim Male" Religions 13, no. 3: 201, (Nov. 24, 2022, 4:43 PM),
https://doi.org/10.3390/rel13030201
4
Jyoti Punwani, Myths and Prejudices About 'Love Jihad', Vol. 49, No. 42, 12-15 (2014).
Anti-conversion laws also commonly named Freedom of Religions Acts are legislation made
by State governments to regulate religious conversions which are forceful and against the
consent of the counterpart.

Arunachal Pradesh, Uttarakhand, Chhattisgarh, Madhya Pradesh, Gujarat, , Himachal

Pradesh, Jharkhand, Tamil Nadu, Uttar Pradesh, and Odisha are among the ten states that
have enacted respective legislation to take control of the situation caused by forceful and non-
voluntary conversions in the name of the interfaith marriage’s. These regulations prohibit
anybody from directly or indirectly converting or attempting to convert another person by
using 'forcible' or 'fraudulent' techniques, or through 'allurement' or 'inducement.' Fines and
punishments for violating the law can range from financial fines to up to three years in
prison. Some states have harsh sanctions and punishments in place. 

1.3. THE HISTORY OF ANTI CONVERSION LAWS

During the British Colonial period, Hindu princely kingdoms established the first laws
prohibiting religious conversions, particularly in the second half of the 1930s and 1940s.
These states made the legislation feasible in order to protect Hindu religious identity in the
face of British missionaries. The Raigarh State Conversion Act of 1936, the Surguja State
Apostasy Act of 1942, and the Udaipur State Anti-Conversion Act of 1946 were among the
legislation created during that time period.5

Following independence, many anti-conversion bills were introduced in parliament, but none
were approved. The Indian Conversion Bill (Regulation and Registration) was first
introduced in 1954. Its primary goal was to get a missionary license and convert registration
with government officials. This measure was lost in the Lok Sabha owing to a lack of
majority support.

This was in response to the adoption of the Backward Communities Bill (Religious
Protection) in 1960, which sought to prohibit Hindus from converting to 'non-Indian
religions,' such as Islam, Christianity, Judaism, and Zoroastrianism. This bill, too, was
rejected because of lack of legislative support. In the 1980s, the primary objective of anti-
conversion law was for Muslims aiming to convert a non-Muslims women majority of whom

5
Jennifer R. Coleman, The Legal and Political Implications of Anti-Conversion Legislation for Indian
Secularism, 23(Penn Program on Democracy, Citizenship, and Constitutionalism Graduate Workshop 2007)
were of Hindu and Sikh, although Christianity drew greater attention in the 1990s owing to
its western-style colonization.

1.4. THE HISTORY OF RELIGION IN CONNECTION WITH POLITICS

AND CONVERSION LAWS

Revival of religion in politics across the globe can be seen as a widespread phenomenon that
again came alive in the 21st century.6 Religion has grown inseparably linked to modern
political structures, whether throughout the world or in India. Moreover, no word in history
has caused greater disturbance than ‘Religion’. When a country like India, whose constitution
is based on secularism, is confronted with hostility based on religion, the situation becomes
more challenging to deal with.

Historically, during the Indian Independence Movement, All India Muslim League (AIML)
was seeking independence on basis of a two nation theory but contradictory to which the
Indian National Congress purposed a slogan of Indian Nationhood as a framework and
campaign for freedom within the scope of United India. 

Such orientation on behalf of both the parties could be an outcome based on proportion of
members in both the parties, since, the All India Muslim League had a majority of Muslims,
and , alongside the majority of Hindus consisted and many other minority religions including
Muslims were part of the Indian National Congress. The two sovereign states thus formed 62
years ago were a result of religious politics. Even the first war of independence which is in
1857 was waged solely on the basis of religious reasons.

Ours is a country where politics and religion are deeply wedded and when the discussion
subject is religion and if there subsists any question relating to conversion, things get more
complicated. Certainly, in recent times Indian Politics had undergone some worst forms of
political and religious entanglements with almost five Indian States making laws that regulate
Religious Conversion:

Tamil Nadu with Tamil Nadu Prohibition of Forcible Conversion of Religion Act, 2002
(repealed by Act no. 10 of 2006), Gujarat with Gujarat Freedom of Religion Act, 2003,
Rajasthan with Rajasthan Freedom of Religion Act, 2006, Himachal Pradesh with Himachal
6
Freedom of Religion and Anti Conversion Laws, ILI Law Review, Vol. 1, 106-128 (2010).
Pradesh Freedom of Religion Act, 2006, Chhattisgarh with The Chhattisgarh Dharma
Swatantraya Adhiniyam, 1968.

With three State Laws, including the Orissa Freedom of Religion Act, 1967, Madhya Pradesh
Dharma Swatantraya Adhiniyam, 1968 and Arunachal Pradesh Freedom of Religion Act,
1978 which were already enacted laws regulating religious conversions.

II. SECULARISM IN RELATION TO ANTI CONVERSION LAW 

Giving weight to its secular credentials, India, as a democratic republic, has granted all
citizens Freedom of conscience and free profession, practice, and propagation of religion. 7
Religion and thought are the most fundamental aspects of human character, and any
interference with their free exercise is regarded as a grievous infringement of an essential
human right. The freedom to hold one’s own beliefs and change them accordingly is essential
to human growth. Thereby, religious freedom is mentioned in a number of international
documents as well such as article 18 of the Universal Declaration of Human Rights, article
18 of the International Covenant on Civil and Political Rights, article 1 Declaration on
Elimination Based on Religion or Belief, article 9 European Convention for the protection of
Human Rights, article 12 American Convention of Human Rights, and article 8 of the African
Charter and many more.8

Articles 25-28 of the Indian Constitution grant specific religious freedom rights to "all
individuals" in India. Article 25(1) provides everyone the freedom of "conscience," as well as
the right to "profess, "practice, and "promote" religion.

Conscience in general form refers to a subjective choice made by a man of right and wrong.
Further, Freedom of conscience implies that a person is free to embrace any belief or teaching
that he considers to be beneficial to his spiritual well-being. This directly means that a state
cannot consider or enquire about the general religious or moral beliefs of a person. Article 25
of the Indian constitution, starts by stating that being subject to public order, morality, and
health and to the other provisions, is not an absolute right and is subjected to reasonable
restrictions.9 In the further part of Article 25 of the Indian constitution which is related with

7
INDIA CONST. art. 25.
8
Freedom of Religion and Anti Conversion Laws, ILI Law Review, Vol. 1, 106-128 (2010).
9
Bhat, M. M. A., Religious Freedom in Contest, Journal of Law, Religion and State, 9(2-3), 178-211.
the right to freely “practice”, “profess” and “propagate” religion, the right to profess religion
necessarily implies freedom to follow any religion or belief, 10 and this is to make sure that no
person shall be compelled to practice a specific religion or stay a member of a particular sect.
If a person so wishes, he or she is free to change their religion, and if the issue of what
religion they profess arises, it will be recognized that they are a member of whatever new
faith they have accepted.11 Then comes, The right to "practise" religion, which entails the
embodiment and exact expression of one's faith. Further one observes the freedom of
propagation of religion. The term propagation here refers to imparting of one’s faith and
religion to others through the presentation of doctrines of there religion, which is protected by
the Constitution. Propagation in one way or another is closely related to the word Conversion.
The Conversion remains a complement to the propagation and does not implies that every
conversion for the purpose of propagation was conducted under ill will. 

Then comes the freedom to propagate one’s religion. The word propagation here refers to the
transmission of one’s faith and religion by exposition of doctrines to others which is
protected under the Constitution. Going through the debates which were held in the
Constituent Assembly, one may realize that the debates on the right to propagate one's
religion were one the most inclusively debated and were most controversial before the final
inclusion of the word within the Constitution.12

The reason for such criticism of propagation was its relationship with word conversion.
Propagation in one way or another is closely related to the word Conversion. Conversion
remains a complement to propagation but does not implies that every conversion for the
purpose of propagation was conducted under ill will.

Being asserted that, "an individual cannot select when he is not aware of what choices are
available for him to chose,"13 a similar theory can be applied when it comes to selecting one’s
religion. However, any kind of religious preferences are not to be linked with political
choices or any other kind of ideas. Considering the basis for one’s conversion to another
religion it may entirely be a matter of choice and manifestation. Furthermore, freedom of
conscience includes the right to choose a religion by which one prefers to profess or bind.

10
Freedom of Religion and Anti Conversion Laws, ILI Law Review, Vol. 1, 106-128 (2010).
11
Freedom of Religion and Anti Conversion Laws, ILI Law Review, Vol. 1, 106-128 (2010).
12
Freedom of Religion and Anti Conversion Laws, ILI Law Review, Vol. 1, 106-128 (2010).
13
H.M. Seervai, Constitutional Law of India (Universal Law Publishing Pvt. Ltd., New Delhi, 4th edn., 2005).
At this point, it is critical to understand whether the right to persuade is included in the right
to propagate one's religion or not, and if so, in what circumstances persuasion that results in a
change in faith may be referred to as conversion. 

“Persuasion by itself is guilt-free and therefore is not and cannot be offensive.” 14 However
persuasion shall be out of free conscience to open conscience. For better understanding, if the
persuasion is for the betterment or spiritual enlightenment of the other and for such purpose if
a person is assisted in a matter of choice of religion then there exists nothing which could be
termed as unlawful or immoral. Conversions that take place from persuasion are most of the
time looked upon as undue influence or coercion. 

As per article 2 of the ICCPR, the right to convert to another religion is considerably more
than merely freedom from direct and indirect compulsion by the active state. It obligates the
state not only to recognize but also to "ensure" the rights outlined in the agreement.As a
result, if the freedom to change faith is not a real right in practice, the state's passive attitude
is insufficient.

Assuming that a situation arises where cases of interfaith marriages conducted by force to
convert the religion of one spouse to the religion of another are being observed, in such case
the state may be compelled to enact legislation to safeguard the rights of such people who
undergo unjustified and forceful conversion on the name of religious affairs. Though the state
cannot preclude or prevent all types of private intrusions on the freedom of religion there
exists a little scope of intervention that can be undertaken by the state to prevent such forceful
or unjustified conversion.

One must understand that every legislation must be reviewed against the touchstone of the
Constitution. Further in the landmark Kesavanand Bharati case 15 the Hon’ble Supreme Court
expounded the theory of basic structure doctrine of the Indian Constitution and then further in
the S.R Bommai case16 it was  held that Secularism is to be a part of that Basic Structure of
the Indian Constitution. Thus whatever legislation is passed has to be within the ambit of the
Basic structure doctrine of the Constitution.

14
Freedom of Religion and Anti Conversion Laws, ILI Law Review, Vol. 1, 106-128 (2010).
15
 Kesavananda Bharati v. State of Kerala, (1973) 4 SCC.225.
16
S. R. Bommai v. Union of India. (1994) AIR 1918 SCC (3).
The researcher analyses the constitutional legality of anti-conversion legislation in the
subsequent chapter, which delves deeper into the problem.

CONSTITUTIONAL VALADITY OF ANTI CONVERSION LAWS 

Conversions induced by violence or other equally illegitimate acts of persuasion should be

discouraged. These are violations of the concept of conscience freedom provided by the
Indian Constitution and specified under international human rights laws. Numerous cases of
forceful conversion were seen at the time when states decided to come up with anti-
conversion laws. As per the view of state administrations the laws are enacted to prevent
religious "conversions" by force, inducement, or deception.

Himachal Pradesh's state legislative assembly enacted the Himachal Pradesh Freedom of
Religion Bill on December 19, 2006. Other states with acts of the same nature include Orissa,
Madhya Pradesh, Chhattisgarh, Arunachal Pradesh, and Gujarat. Of these, Orissa and
Madhya Pradesh have gone on to frame rules under their respective acts, while the Himachal
Pradesh cabinet recently gave its approval to this exercise

 All of the current anti-conversion legislations prohibit acts of conversion in the following
terms: "No person shall convert or attempt to convert, either directly or otherwise, any person
from one religion to another by use of force or by inducement or by any fraudulent means,
nor shall any person abet any such conversion.17

Conversions that are induced by forceful mean or other means which are equally illegal, acts
of persuasion are in violation of the Right to Freedom of Religion as guaranteed by Article 25
of the Constitution of India which is broadly on parallels lines with Article 18[1] of the
Universal Declaration of Human Rights 1948 (UDHR). Numerous cases of forceful
conversion were seen at the time when states decided to come up with anti-conversion laws. 

In the case of Sardar Syedna Taher Saifuddin Saheb v. State of Bombay, the Hon’ble the
Supreme Court has sought to clarify that while interpreting the scope of this constitutional
protection of religious freedom, the Supreme Court stated that while an individual's "religious
beliefs are utterly his own and his liberty to hold those beliefs is unconditional, he has no
right to act in any way he pleased in the exercise of his religious beliefs."18
17
South Asia Human Rights Documentation Centre, Anti-Conversion Laws: Challenges to Secularism and
Fundamental Rights,  Economic and Political Weekly,  Vol. 43  63-69(2008).
18
Sardar Syedna Taher Saiffudin Saheb vs State of Bombay (1962) AIR SC 853..
In terms of constitutional protection, the court drew a clear line of distinction between the
freedom to hold religious beliefs on the one hand and the freedom to express those beliefs on
the other. The former is clearly protected by Article 25, and as a result, "no one can be
compelled, against his own judgment and belief, to hold  or follow any particular creed or set
of religious practices. A person is completely free to worship God according to the dictates of
his conscience”19However, the latter freedom, namely the right to practice and propagate
religion, is subject to constitutional limitations enumerated in Article 25 of the Constitution.

Further, the 1977 Supreme Court judgment in Rev Stanislaus v. State of Madhya Pradesh 20,
which decided the constitutional validity of anti-conversion legislation in Madhya Pradesh
and Orissa, remains the key judicial pronouncement on the validity of anti-conversion
legislation.

Stanislaus arose in the context of appeals from the high courts of Orissa and Madhya Pradesh
on the validity of those states' anti-conversion laws. Both courts dealt with similar challenges
to the constitutionality of these laws, alleging a violation of Article 25 as well as a lack of
legislative competence on the part of the concerned state governments in enacting them since
religion is not on the state list, which makes states ineligible to issue legislation on the issue,
as only the central government can.

While both courts upheld their respective legislative prohibitions on conversions by force and
fraud, the Madhya Pradesh high court also upheld the prohibition on conversion by
"allurement" because it sought to ensure religious freedom and equality.  The high court of
Orissa, on the other hand, established the right to convert as a component of religious
freedom as guaranteed by the Constitution and held that the equivalent term of inducement
was too vague. It was thus capable of interfering with several legitimate proselytizing
activities protected by Article 25(1) and could be overturned.

While the Orissa law was struck down for lack of legislative competence, the Madhya
Pradesh high court upheld the state government's competence to enact such a law by
construing it to fall within the category of public order, a subject enumerated on the state list.

19
Sardar Syedna Taher Saiffudin Saheb vs State of Bombay (1962) AIR SC 853.
20
Rev Stanislaus vs Madhya Pradesh, 1977 SCR (2) 611.
In the case of Stanislaus, the Supreme Court largely endorsed the ruling of the Madhya
Pradesh High Court. Renouncing the judgment given by Orissa High Court which understood
conversion as a religious activity entitled to constitutional protection, the Supreme Court
refused to read the freedom to convert to be within the right to propagate one’s religion.
Instead, the Supreme Court held that Article 25 merely granted the right to transmit or spread
one’s religion by the process of exposition and awareness among others through their tenets.
It also stated that allowing a person to willfully let the other person convert to any other
religion as distinguished from his effort to transmit or spread his religion would infringe the
freedom of conscience which is guaranteed to all the citizens of the country in an equal
manner. 

Furthermore, while examining the legal competence of state government to pass legislation
that restricted religious conversion the Supreme court again agreed with the verdict of the
Madhya Pradesh High Court and decreed that such legislation against religious conversions
pertained to public order since forcible conversions might result in public disorder and the
State is competent enough to make laws on the issue, further validation the constitutionality
of the anti-conversion laws. 

Moreover, while treating the issue of public disorder, the court adopted a wider interpretation
of the term as signifying a "state of tranquility which prevails among members of a political
society as a result of internal regulations enforced by the government." Thereby, if something
disturbs the current life of the community and does not merely convert from one religion to
another in a manner repugnant to affect an individual, it would amount to a disturbance of
public order. Both laws were thus construed to be aimed at "avoiding disturbances to public
order by prohibiting conversion of another person from one religion to another in a manner
reprehensible to the conscience of the community" and were thus held to be valid in the
courts.
.