The Madhya Pradesh government’s move to introduce the death penalty for forceful conversion violates the fundamental right to freedom of religion guaranteed by the Constitution under Article 25. Article 25 not only protects an individual’s beliefs but also includes acts of religious expression and propagation of religion to expand religious outreach.
The proposal to award the death penalty in cases of forceful religious conversions by the Madhya Pradesh government is a sharp departure from the constitutional safeguards and the established international norms. It is also a deviation from the principle of considering “rarest of rare” cases for awarding capital punishment in India, established and reaffirmed by various judicial precedents.
This measure of the state government is violative of the fundamental rights of the citizens as there is a high risk of misuse of this provision even in cases of voluntary conversions due to family pressure, and leading to exploitation of innocent individuals who will be subjected to false litigation while exercising their fundamental right of freedom to propagate religion. This would ultimately lead to the award of death penalty under the provisions of the MPFRA, which is a clear breach of fundamental rights guaranteed under Articles 25 and 21 of the Constitution. The state government must reconsider its proposal, act within the constitutional framework while legislating anti-conversion laws, and ensure that no innocent person should be persecuted by State actions which are ‘bad in law’.
Shivam Kumar Singh
04/06/2025