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A Devious Game to Make Minorities Second-Class Citizens Uttarakhand's New Amendments to the Anti-Conversion Law

Jacob Peenikaparambil Jacob Peenikaparambil
25 Aug 2025

The BJP's ambitious plan to amend the Indian Constitution by winning 400 seats in the 2024 Lok Sabha election was thwarted by Rahul Gandhi's campaign strategy that centred on safeguarding the Constitution. Holding a copy of it during his rallies, Gandhi emphasised that Dalits, tribals, the poor, and minorities were determined to "protect this Constitution" from the BJP.

He reminded people that protecting the Constitution was crucial to saving democracy, reservations, and the rights of the poor. After the election results, the BJP was compelled to form the government with the support of its allies, particularly Nitish Kumar's JDU and Chandrababu Naidu's Telugu Desam Party.

Yet, the BJP has not abandoned its long-term objective of altering the Constitution, as it is considered vital for transforming India into a Hindu Rashtra, where Muslims and Christians would be relegated to second-class citizens or even non-citizens, as envisioned by MS Golwalkar.

In pursuit of this goal, the BJP has been using a range of devious strategies to marginalise minorities, including passing questionable laws such as anti-conversion legislation. Currently, 12 states in India have anti-conversion laws, nine of which are BJP-ruled. In many cases, existing laws have been amended to make them more stringent. Meanwhile, BJP governments in Maharashtra and Goa are also considering introducing similar laws.

These laws embolden government agencies, vigilante groups, and right-wing elements to harass, intimidate, and discriminate against religious minorities, while also targeting civil society organisations. The harassment and arrest of two nuns at Durg railway station by police—under charges of conversion and human trafficking—demonstrated how such laws can be weaponised.

The latest escalation has come from the BJP government in Uttarakhand. On August 13, 2025, the state cabinet approved amendments to the anti-conversion law—titled the Uttarakhand Freedom of Religion (Amendment) Bill, 2025—making it even harsher. Provisions include punishment of up to life imprisonment and heavy fines.

An editorial in The Times of India (August 15) titled "Too Harsh, Too Vague" described the amendments as "draconian." The provisions not only raise serious concerns but also blatantly violate fundamental rights guaranteed by the Constitution.

Key Provisions of the Amended Law are:
1.    Jail terms increased to 14 years, with fines up to ?10 lakhs. For conversions involving minors or SC/ST persons, punishment can extend to 20 years or even life imprisonment.
2.    "Mass conversion" is defined as the conversion of just two or more persons.
3.    District Magistrates are empowered to confiscate property merely on suspicion of 'foreign funding' being involved in conversions. Even without evidence, property can be seized if the DM has "reason to believe" it is linked to conversion.
4.    The scope of "inducement" has been widened to include "glorifying one religion against another."
5.    The law prohibits the use of social media platforms for building online communities or groups that could allegedly facilitate conversion.

The law had already been made draconian in 2022, when provisions from the Unlawful Activities Prevention Act (UAPA)—India's toughest anti-terror law—were incorporated. Thus, "illegal conversion" is now a cognisable, non-bailable offence where suspicion alone can trigger arrests, and the burden of proof lies on the accused. Chief Minister Pushkar Singh Dhami justified the amendments by citing a supposed "demographic change" in the state caused by "illegal conversions."

One of the key issues highlighted by Prime Minister Narendra Modi in his Independence Day speech on August 15, 2025, is demographic change in the border states due to infiltration. Religious conversion is also added to the new narrative of demographic change by the chief minister of Uttarakhand.

However, neither the central government nor the Uttarakhand government has produced credible data to substantiate claims of demographic change. Like the bogey of "love jihad," this narrative is crafted to instil fear among Hindus and polarise them against minorities.

The RSS-BJP strategy has long been to project Muslims as "terrorists aligned with Pakistan" and Christians as "agents of conversion" loyal to foreign powers. The anti-conversion laws are a double-edged weapon—creating fear of demographic change among Hindus while enabling the arrest and prosecution of minorities, especially Christians.

Under these laws, even humanitarian or developmental work—such as providing education or healthcare to marginalised groups—can be misinterpreted as inducement for conversion. Those engaged in such work risk imprisonment and property seizure. With bail increasingly difficult to obtain in lower courts, and Hindutva sympathisers influencing higher courts, minorities are systematically reduced to second-class citizens—without a formal change to the Constitution.

Building a Manusmriti Society
Another long-term consequence of these laws is the reinforcement of a social order rooted in the Manusmriti. Minorities, particularly Christians, fearing prosecution, may withdraw from welfare and empowerment activities for the poor. At the same time, the state is steadily retreating from education and healthcare, leaving these to private players. The poor will remain at the bottom of the socio-economic pyramid, ensuring a deeply hierarchical, unequal, and patriarchal society as envisaged by the Manusmriti.

If minorities remain silent out of fear, the BJP will be emboldened to pass even more oppressive legislation, pushing India closer to the Hindu Rashtra envisaged by Savarkar and Golwalkar. This places a grave responsibility on Christian leaders, particularly bishops and priests of the Catholic Church, to respond prophetically. They must challenge such laws in the courts and organise peaceful protests, for peaceful protest is itself a fundamental right guaranteed by the Constitution.

Violating International Human Rights
International human rights law upholds the presumption of innocence for individuals accused of crimes. Article 11 of the Universal Declaration of Human Rights (UDHR) states that every accused has the right to be presumed innocent until proven guilty. Similarly, Article 14 of the International Covenant on Civil and Political Rights (ICCPR) makes it clear that the burden of proof lies with the prosecution, not the accused. The anti-conversion laws of BJP-ruled states, including Uttarakhand, flagrantly violate these principles.

Modi's Praise of the RSS: A Dangerous Signal
In this context, Prime Minister Modi's effusive praise of the RSS during his Independence Day address is deeply troubling. Declaring it the "world's biggest NGO" and lauding its century of "service to the nation" from the ramparts of the Red Fort, Modi ignored the RSS's lack of contribution to the freedom struggle and its role in spreading sectarian hatred. No previous prime minister has ever glorified the RSS in this manner from such a symbolic platform.

Only days earlier, right-wing groups aligned with the RSS had harassed two Catholic nuns at Durg railway station in Chhattisgarh, accusing them of conversion and trafficking. Such incidents reflect the emboldenment of vigilantes by the RSS-BJP ecosystem.

Christian leaders, along with all citizens committed to human rights and the Constitution, must challenge this law in the courts as soon as it is passed by the Uttarakhand Legislative Assembly. Simultaneously, nationwide peaceful protests are essential to raise awareness about the dangers of these draconian amendments.

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