India’s Supreme Court has raised concerns about the constitutionality of certain provisions of the so-called “Anti-Conversion Law” in the northern Indian state of Uttar Pradesh. The 2021 law punishes conversion to another faith through “misinformation, offering financial or other benefits, violence, and other coercion” with imprisonment of up to ten years.

According to the court, the law raises problematic questions, particularly regarding the individual’s right to adopt a different faith. It effectively restricts their choices. The rights to freedom of thought, expression, belief, and religion must be protected, as these principles reflect the secular nature of the Indian state.

According to Uttar Pradesh law, those preparing to convert to Islam must declare to the relevant authority at least 60 days in advance that they were not subjected to coercion, undue influence, or incitement. Upon notification of the conversion, the authority then initiates a police investigation. Failure to submit such a declaration before conversion can result in imprisonment for up to three years, in addition to a fine. After conversion, the individual must submit another declaration within 60 days. The relevant authority then posts a copy of this declaration on its notice board. The publication of a convert’s personal data constitutes a violation of privacy – a ruling recently upheld by India’s Supreme Court.

Bishop Gerald John Mathias of Lucknow; Diocese of Lucknow

The Bishop of Lucknow in Uttar Pradesh, Gerald Mathias, described the court ruling in an interview with Nirmala Carvalho of the online news service AsiaNews as “a glimmer of hope for the Christian community.” However, he believes it doesn’t go far enough: He recommends that the Supreme Court strike down all unconstitutional provisions, clauses, or paragraphs in the country’s anti-conversion laws. “Otherwise, the abuse of these laws and the atrocities against Christians and Muslims will continue,” he warned.

According to him, the latest decision only means that affected Christians can now hope for justice in their cases before the Supreme Court. However, he fears that most of those falsely accused of illegal conversion simply cannot afford to pursue their cases all the way to the highest court.