hidden image

"Freedom of Religion Act" in India Infringes on Constitutional Freedom

Bishop Dominic Savio Fernandes Bishop Dominic Savio Fernandes
13 Oct 2025

India takes pride in being the world's largest democracy, upholding its secular credentials, where every citizen is guaranteed the right to religious freedom. The founding fathers of the Indian Constitution, conscious of India's pluralism, enshrined in Article 25 the fundamental right to "profess, practice and propagate" one's religion freely in accordance with one's conscience, subject only to public order, morality and health.

Article 19(1)(a) safeguards freedom of speech and expression, which would include the right to share one's beliefs. At the same time, Article 21 protects the right to life and personal liberty, encompassing the freedom to choose one's own belief system or to reject it. Together, these provisions affirm an individual's right to follow one's conscience freely.

Yet, in stark contrast to this constitutional vision, several states in India have enacted the "Freedom of Religion Act," which is in fact an anti-freedom act that denies people the moral obligation and the fundamental right to follow their God-given conscience.

This so-called "Freedom of Religion Act," which should have been termed as "Anti forced-Conversion Act" in the first place, ostensibly meant to protect religious freedom and prevent forced conversions or conversions through "fraud, or inducement," have instead become an instrument of harassment, particularly targeting religious minorities like Christians.

The very name "Freedom of Religion law" is a misnomer. Instead of safeguarding the individual's right to freely convert to any religion of one's choice, these laws place restrictions on conversion itself. They invert the logic of liberty: instead of protecting freedom, they presume guilt. Once arrested, the burden of proof rests not on the complainants but on the accused, who must prove their innocence. This turns the principle of justice upside down, and the law becomes, not a shield, but a sword — wielded by fundamentalists to target religious minorities.

There have been indications, in various media outlets, of widespread misuse of the "Anti-Conversion Acts," which have been masked as "Freedom of Religion Acts" in many States across India, despite there being little or no evidence of forced conversions. As a result, families have been torn apart by false complaints and pastors and lay Christians have been jailed merely on suspicion.

A case in point is the incident that took place at Durg in Chhattisgarh on July 25, 2025, where two innocent nuns from Kerala's Assisi Sisters of Mary Immaculate, along with tribal youth Sukaman Mandavi, were jailed on trumped-up charges of human trafficking and attempting forced conversion, as reported in the media.

They were accompanying three adult tribal women (aged 18-23) from Narayanpur to Agra for voluntary domestic work, with parental consent documents in hand. No evidence of conversion or trafficking existed - the women were long-time Christians. They were jailed despite the women's affirmations of free will. Whereas Durga Vahini member Jyoti Sharma, who mobbed the group, used aggressive and derogatory language and coerced false statements from the women, went scot-free.

Videos showed police inaction as the nuns were harassed. After eight days, a Bilaspur NIA court granted them conditional bail on August 2, 2025, noting the baselessness of the FIR. This incident exemplifies how the law enables third-party complaints to jail innocent people, while attackers roam free.

Independent media sources indicate that complaints are often driven by suspicion, prejudice, or local vendettas, rather than coercion. Even prayer gatherings, peaceful acts of worship, or charitable works are frequently misconstrued as attempts at conversion. The mere presence of a Christian prayer meeting in a village can provoke a complaint, leading to police intervention, arrests, jail and prolonged legal battles for the falsely accused.

Even when acquitted, the stigma lingers, and the community suffers. Far from protecting vulnerable populations, these laws embolden vigilante groups who take it upon themselves to "police" religious activities. Innocent Christians have been assaulted, their worship services disrupted, and their very right to faith criminalised—all under the cover of the "Freedom of Religion Act."

The tragedy of these said laws is that they directly contradict the very Constitution they claim to uphold:

1.    Article 25(1): guarantees freedom of conscience and the right to profess, practice, and propagate religion, including voluntary conversion.
2.    Article 19(1)(a): protects the right to express and share religious beliefs with others.
3.    Article 21: ensures personal liberty, including the freedom to choose one's faith.

By punishing those who convert of their own free will, these laws erode fundamental rights, reducing religion from a matter of personal conscience into one of state control.

If India is to remain faithful to its secular and democratic ideals, the misuse of the "Freedom of Religion Act" must be addressed urgently.

True religious freedom lies in safeguarding individual choice, not restricting it. The essence of Indian democracy is that every Indian, regardless of one's religious affiliation, has the right to follow one's conscience without fear of reprisal. Until the "Freedom of Religion Act" is reformed or repealed, this freedom remains under grave threat.

Recent Posts

Rahul Gandhi's warning rings true: India's greatest danger is the assault on its democracy. With institutions captured, dissent criminalised, and elections manipulated, the world's largest democracy r
apicture G Ramachandram
13 Oct 2025
In the BJP's toolkit, tragedy is a means for opportunism. The Karur stampede reveals the moral bankruptcy of leaders who exploit grief. For them, human suffering is a ladder for their ambition.
apicture Jacob Peenikaparambil
13 Oct 2025
The so-called "Freedom of Religion Acts" across India betray their name. Instead of protecting conscience and choice, they criminalise faith itself. These are weaponised to persecute minorities and in
apicture Bishop Dominic Savio Fernandes
13 Oct 2025
Ladakh's cry for justice echoes through the Himalayas—betrayed promises, broken agreements, and bullets fired at its own citizens. Ladakhis now fight to defend their dignity, identity, and right to se
apicture Joseph Maliakan
13 Oct 2025
"This book is all about 'being extraordinary' in every significant aspect of life, with the aid of 'ordinary' – down-to-earth – strategies, mind-tools and hands-on techniques. The 30 themes in this ma
apicture Cedric Prakash
13 Oct 2025
Education is no longer confined to textbooks—it is being reshaped by technology, experimentation, and student-centred approaches. While coding, AI, and robotics prepare students for tomorrow's careers
apicture Pachu Menon
13 Oct 2025
In an India fractured by hate and fear, the call to "Think well of all, speak well of all, and do good to all" revives the nation's moral soul. We must restore conscience, compassion, and the divine i
apicture CM Paul
13 Oct 2025
On the occasion of the 100th anniversary of the RSS's foundation, Prime Minister Modi, a former pracharak, paid tributes to the RSS. He said that the RSS has sacrificed tremendously for the country's
apicture Ram Puniyani
13 Oct 2025
I've seen this before — in Germany, in Spain, in many parts of the world. People there don't understand that vegetarianism for many Indians isn't a culinary fad but a sacred conviction. It's not about
apicture Robert Clements
13 Oct 2025
The world today rewards arrogance, violence, and deceit, rewriting the Beatitudes for the powerful. Yet history shows that such triumphs are fleeting. True strength lies in respect, moderation, and co
apicture Thomas Menamparampil
06 Oct 2025