What Happened
- The Chhattisgarh Cabinet, led by Chief Minister Vishnu Deo Sai, approved the draft of the Chhattisgarh Dharm Swatantraya Vidheyak, 2026 (Chhattisgarh Freedom of Religion Bill, 2026), a new law aimed at curbing forced or fraudulent religious conversions in the state.
- The draft bill replaces/strengthens the existing Chhattisgarh Dharm Swatantraya Adhiniyam (Freedom of Religion Act), 1968, which the state inherited from Madhya Pradesh when Chhattisgarh was carved out as a separate state on November 1, 2000.
- Key provisions of the 2026 draft include: individuals seeking to convert must obtain prior permission from the District Magistrate at least 60 days in advance; persons performing conversion ceremonies must also give advance notice; the burden of proof that a conversion was not achieved through force, fraud, allurement, or undue influence rests on the person performing the conversion.
- Penalties under the proposed law include imprisonment of up to 10 years and fines up to Rs 50,000; for mass conversions, the minimum sentence is 3 years and maximum 10 years.
- The bill is expected to be introduced in the ongoing Budget Session of the Chhattisgarh Assembly.
- The Supreme Court of India has separately issued notices to states including Chhattisgarh as part of a broader examination of the validity of anti-conversion laws across 12 states — making the timing of the new bill legally significant.
- Civil society groups and Christian organisations in Chhattisgarh (a state with a significant tribal population, part of which has historically been targeted by Christian missionary activity as well as Hindu nationalist organisations) have raised concerns that such laws are routinely misused to target minority communities and genuine voluntary conversions.
Static Topic Bridges
Freedom of Religion — Articles 25 to 28 of the Constitution
The Indian Constitution guarantees freedom of religion as a fundamental right under Articles 25-28, but this right is not absolute — it is subject to public order, morality, and health, and to other provisions in Part III.
- Article 25(1): Subject to public order, morality, and health, all persons are equally entitled to freedom of conscience and the right freely to profess, practise, and propagate religion.
- Article 25(2)(b): Allows the state to make laws providing for social welfare and reform or for throwing open of Hindu religious institutions to all classes of Hindus — enabling reformative legislation.
- Article 26: Freedom to manage religious affairs (religious denominations can manage their own religious affairs).
- Article 28: Prohibits religious instruction in state-funded educational institutions.
- The word "propagate" in Article 25 was a deliberate choice by the Constituent Assembly (inserted at the insistence of Christian missionaries and Sikh representatives) — it protects the right to spread one's faith. However, it does not include the right to convert others by force or fraud.
Connection to this news: Anti-conversion laws occupy the constitutional space between Article 25's "propagate" (the right to spread one's faith) and the state's power to restrict it in the interest of public order, morality, and health. The tension between these two is the core constitutional question these laws raise.
Anti-Conversion Laws in India — History and Judicial Scrutiny
India has had state-level anti-conversion laws since the 1960s. These laws prohibit conversion by force, fraud, allurement, or undue influence, while allowing "voluntary" conversion. The legal history reveals a complex interplay between states' police powers and citizens' fundamental rights.
- Madhya Pradesh Dharma Swatantraya Adhiniyam, 1968 (adopted by Chhattisgarh in 2000) was among the first generation of such laws, introduced in states with significant tribal populations.
- Other states with anti-conversion laws: Odisha, Gujarat, Himachal Pradesh, Arunachal Pradesh, Jharkhand, Uttarakhand, Uttar Pradesh, Karnataka (passed 2022, later challenged).
- Stanislaus v. State of Madhya Pradesh (1977): The Supreme Court upheld the Madhya Pradesh and Odisha anti-conversion laws, holding that Article 25 does not confer a right to convert others — it only protects individual freedom of conscience. State laws prohibiting forcible conversion do not violate Article 25.
- More recent laws (2021-2026) have added provisions going beyond the 1977 ruling, including prior-permission requirements, "love jihad" provisions restricting inter-religious marriages, and enhanced penalties — some of which are under active Supreme Court scrutiny.
- The Supreme Court has sought responses from multiple states on whether the expanded versions of anti-conversion laws (particularly prior-permission requirements and marriage-related clauses) exceed what was upheld in Stanislaus.
Connection to this news: Chhattisgarh's 2026 bill follows the pattern of the second-generation anti-conversion laws — adding the 60-day prior-permission requirement and burden-of-proof reversal, which go beyond the 1977 Stanislaus framework and are therefore more constitutionally vulnerable to challenge.
Tribal Rights, Forest Communities, and Religious Conversion in Central India
Chhattisgarh has a 31% Scheduled Tribe (ST) population (as per 2011 Census), largely concentrated in the Bastar, Surguja, and Bilaspur regions. The tribal belt of central India — spanning Chhattisgarh, Jharkhand, Odisha, and Madhya Pradesh — has been a contested space between missionary activity (Catholic, Protestant, and Pentecostal), Hindu nationalist organisations (working under the "ghar wapsi" programme), and government tribal welfare frameworks.
- The Fifth Schedule of the Constitution (Article 244) provides for the administration of Scheduled Areas, and the Governor's powers under it include protecting tribal land rights and cultural practices.
- The Provisions of the Panchayats (Extension to Scheduled Areas) Act, 1996 (PESA) grants tribal gram sabhas the right to manage their cultural and religious practices.
- Anti-conversion laws in tribal areas frequently generate allegations of misuse: cases where tribal Christians or converts face false FIRs or harassment by local majorities, and cases where genuine fraudulent conversions are facilitated by fringe actors.
- The National Commission for Minorities and the National Commission for Scheduled Tribes have both reported instances of conflict over religious identity in Chhattisgarh's tribal belt.
Connection to this news: The 2026 bill's introduction in a state with a large tribal population and ongoing religious tensions requires reading in the context of constitutional protections for tribal communities, the state's legitimate interest in preventing exploitation, and the risk of the law being weaponised against religious minorities.
Key Facts & Data
- Bill name: Chhattisgarh Dharm Swatantraya Vidheyak, 2026 (Chhattisgarh Freedom of Religion Bill, 2026).
- Cabinet approval: March 2026 (Vishnu Deo Sai government).
- Prior notice requirement: 60 days to District Magistrate before conversion.
- Burden of proof: On person performing conversion to prove it was not forced/fraudulent.
- Penalties: Up to 10 years imprisonment; Rs 50,000 fine; mass conversion: minimum 3 years, maximum 10 years.
- Existing law: Chhattisgarh Dharm Swatantraya Adhiniyam, 1968 (inherited from MP).
- Chhattisgarh ST population: ~31% (2011 Census).
- Stanislaus v. State of MP (1977): SC upheld first-generation anti-conversion laws; no right to convert others under Article 25.
- Article 25: Freedom to profess, practise, and propagate religion (subject to public order, morality, health).
- SC scrutiny: Notices issued to 12 states on validity of anti-conversion laws — Chhattisgarh among them.
- Maharashtra parallel: Maharashtra cabinet also cleared a draft anti-conversion bill (Dharma Swatantrya Adhiniyam, 2026) in March 2026 — proposing 7-year jail and Rs 5 lakh fine.
- States with anti-conversion laws: MP, Chhattisgarh, Odisha, Gujarat, HP, Arunachal Pradesh, Jharkhand, Uttarakhand, UP, Karnataka.