Propagation of Religion Protected, not Forcible Conversion: Supreme Court Judge

New Delhi, April 8, 2026 — The Supreme Court on Tuesday underscored a clear constitutional distinction between the right to propagate religion and the prohibition of forcible conversion, stating that only the former is protected under the Constitution.

Justice B V Nagarathna, part of a nine-judge bench examining key constitutional questions arising from review petitions in the 2018 Sabarimala verdict, observed that the Constitution safeguards the propagation of religion but does not permit conversion through force, coercion or inducement.

The observation came after Solicitor General Tushar Mehta drew the court’s attention to the historical background of constitutional provisions on religious freedom. He argued that any conversion achieved through coercion, threat or material inducement would not qualify as a valid conversion under the law.

Referring to debates of the Constituent Assembly, Mehta noted that the framers of the Constitution consistently emphasised voluntary religious choice. He said individuals are free to propagate and express their faith, including persuading others, but cannot compel or pressure anyone to convert.

The court also examined early draft provisions and discussions within committees on fundamental rights. These deliberations reflected a balance between guaranteeing freedom of conscience and preventing misuse through forced or fraudulent conversions.

Historical records cited during the hearing showed that while initial drafts included specific anti-conversion clauses, these were eventually dropped. The framers concluded that existing laws were sufficient to address coercion and undue influence, and that the Constitution should primarily guarantee freedom of conscience and the right to profess and practise religion.

The bench, led by Chief Justice of India Surya Kant, is hearing the matter as part of a broader review of constitutional issues linked to religious freedoms.

The proceedings highlighted that the constitutional intent was to protect individual liberty in matters of faith while ensuring that any form of compulsion or exploitation in religious conversion remains outside legal protection.

Source: Indian express

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