Balancing State Interest and Individual Liberty: The Judicial Scrutiny of Anti-Conversion Laws

In June 2026, the Indian judiciary intensified its scrutiny of various state-level anti-conversion laws, emphasizing the need for a "correction" in their implementation. These observations come at a time when several states have enacted or tightened "Freedom of Religion" legislations, ostensibly to prevent conversions through force, fraud, or allurement. However, the courts are now increasingly concerned that the broad application of these laws may be infringing upon the fundamental rights to privacy and individual liberty. The crux of the judicial review lies in the delicate balance between the state's power to maintain public order and the individual's right to choose their faith under Article 25 of the Constitution. Recent rulings have highlighted that while the state has a legitimate interest in preventing coercive conversions, such interventions must not become a tool for harassing consenting adults or interfering in personal relationships. The judiciary has reiterated that the right to choose a partner and the right to change one's faith are intrinsic to the right to life and personal liberty under Article 21, as established in the landmark Puttaswamy and Hadiya judgments.