Anti-Conversion Laws Violate Freedom of Choice, Target Dalits: Retired Justice S Muralidhar

New Delhi, 10 March, 2025: Former Orissa High Court Chief Justice Dr S Muralidhar condemned India’s anti-conversion laws as "anti-choice" and a violation of personal freedom while speaking at an ADF India panel discussion on 28 February.

Anti-Conversion Laws Presume Coercion, Restrict Individual Rights

He argued that these laws assume religious conversions occur under coercion, restricting individual rights and disproportionately targeting Dalits.

"These laws are not so much against forced conversions as they are against the freedom of choice," he stated. He pointed out that they unfairly shift the burden of proof onto the accused rather than requiring proof of coercion from the person who converted.

Dalits Forced to Justify Religious Choices Publicly

Muralidhar highlighted how these laws impose procedural hurdles, forcing individuals to make deeply personal decisions public. He cited Dalits embracing Buddhism as an example, stating that they must now justify their decision before a district magistrate.

"They'll have to first announce to the world, 'listen, I'm exercising my choice to embrace a particular religion'," he said. Referring to the Puttaswamy privacy judgement, he argued that such laws violate fundamental rights.

"Personal choice has become a public choice, and individuals are forced to defend themselves publicly for decisions that should remain private," he added, calling this the "most pernicious aspect" of such laws.

Vigilante Groups Exploit Legal Provisions to Target Converts

The former judge also criticised the broad scope of these laws, which allow anyone—not just the alleged victim—to file a complaint.

"The law allows anyone... any cousin, any relative... and thus vigilante groups are actually going around looking at notice boards and collector’s offices to find who has put up a notice that they want to have an interfaith marriage. In this case, they'll also have ready information on who wants to convert and can then subject the person to public intimidation," he said.

Societal Change Needed Beyond Legal Reform

Muralidhar questioned whether society would change even if these laws were struck down. "That’s the question we have to ask ourselves," he said. "All these social practices seem impervious to constitutional values. The real victory will come when we transform as a society, overcome our prejudices, and emancipate ourselves as true human beings."

Debates Continue Over Religious Freedom and Legal Protections

His remarks come amid ongoing debates on religious freedom in India. Several states have enacted or strengthened anti-conversion laws, which critics argue disproportionately target religious minorities and Dalits, undermining constitutional protections of freedom of religion and privacy.

By Catholic Connect Reporter

Photo credit: Bar and Bench