The Supreme Court on Monday issued notices to the Centre and 12 state governments on a fresh Public Interest Litigation (PIL) filed by the National Council of Churches in India (NCCI), challenging the constitutional validity of anti-conversion laws enacted by these states. The top court also agreed to club the matter with similar petitions pending adjudication and directed that the entire batch be placed before a three-judge bench.
The PIL, filed through senior advocate Meenakshi Arora, also seeks a stay on the operation of these laws, contending that they facilitate persecution and arbitrary action against religious conversions.
A Bench led by Chief Justice Surya Kant and Justice Joymalya Bagchi directed that a common counter affidavit be filed within four weeks. “Issue notice. Let a copy of each be served on Advocate Generals also. Let respondents file a common counter affidavit. Having regard to the importance, let it be placed before a three-judge bench,” the CJI said in the order.
The states that have been issued notice include Rajasthan, Uttar Pradesh, Odisha, Chhattisgarh, Arunachal Pradesh, Gujarat, Jharkhand, Uttarakhand, Haryana, Madhya Pradesh, Karnataka, and Himachal Pradesh.
Appearing for the petitioner body, Arora submitted that recent laws enacted by Odisha and Rajasthan were not part of earlier challenges. “There are amendments also in other Acts which are not challenged. Let me serve all the standing counsels,” she told the court.
The counsel also argued that certain provisions in these state laws “incentivise vigilante groups to complain” about alleged conversions, leading to a rise in baseless complaints and harassment.
Solicitor General Tushar Mehta, appearing for the Union government, opposed the submissions, stating that the issues raised were already covered by a Constitution Bench judgment. He informed the court that the Centre’s reply was ready and would be filed shortly.
This latest plea is part of a wider challenge to anti-conversion laws enacted by several states. On September 16, 2025, the apex court had already sought replies from a number of state governments on earlier petitions seeking a stay on the operation of their respective laws. However, the court had deferred any interim relief until receipt of all responses.
In an effort to streamline the proceedings, the court had appointed advocate Shrishti as the nodal counsel for the petitioners and advocate Ruchira for the respondent states.
Among the pending matters is a PIL filed by the NGO Citizens for Justice and Peace, led by activist Teesta Setalvad. The Centre had earlier questioned the maintainability of the NGO’s petition, alleging political motivations and misuse of funds. In an affidavit, the Ministry of Home Affairs had claimed that the NGO was operating “at the behest of selected political interests” and profiting from the litigation.
The PILs have challenged laws like the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021 and the Uttarakhand Freedom of Religion Act, 2018. These laws impose penal sanctions for religious conversions perceived to be carried out through “force, allurement, or fraud,” including those linked to interfaith marriages.
The Uttarakhand law, for instance, prescribes a two-year prison term for forced conversions, defining “allurement” to include cash incentives, job promises, or material benefits. The Uttar Pradesh law regulates not just conversions due to marriage but all forms of religious conversion, with stringent procedural requirements for declarations and official scrutiny.
The petitioners have argued that such laws infringe on fundamental rights guaranteed under Articles 21 (Right to Life and Personal Liberty) and 25 (Freedom of Religion) of the Constitution. They contend that these laws empower the state to intrude into an individual’s personal decision to choose and profess a faith of their choice, thereby undermining core constitutional freedoms.
The matter will now be taken up by a three-judge bench of the Supreme Court after the state governments and the Centre file their counter affidavits.
