Kara Sears
India is a secular country, and its constitution guarantees freedom of religion as a basic human right. While the country has special laws for Hindus, Muslims, Christians, Parsis, Jews, and Sikhs, it also recognises and protects religious minorities, granting them official minority status. Despite this, India has seen a recent wave of anti-conversion laws, with several states passing Freedom of Religion Bills primarily to prevent people from converting to Christianity. This has led to concerns about the gradual rise of Hindutva and the promotion and enforcement of religiously discriminatory policies.
| Characteristics | Values |
|---|---|
| Secularism in India | Acceptance of religious laws as binding on the state, and equal participation of the state in different religions |
| Religious rights | Fundamental rights |
| Freedom of religion | All persons are equally entitled to freedom of conscience and the right to freely profess, practice, and propagate religion subject to public order, morality, and health |
| Religious denominations | All denominations can manage their own affairs in matters of religion |
| Hindu personal laws | Applicable to Jains, Buddhists, and Sikhs |
| Anti-conversion laws | Passed in several Indian states to prevent people from converting to Christianity |
| Religious minorities | Muslims, Sikhs, Christians, Parsis, Jains, and Buddhists |
| Religious protection | The government is responsible for protecting religious minorities and enabling them to preserve their culture and religious interests |
| Religious personal status laws | Hindu, Christian, Parsi, Jewish, and Islamic personal-status laws are legally recognized and judicially enforceable |
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What You'll Learn
Freedom of religion
India's constitution guarantees religious freedom as a basic human right. Articles 25 to 28 imply that the state will not discriminate against or interfere in the profession of any religion. Article 25 states that:
> All persons are equally entitled to freedom of conscience and the right to freely profess, practice, and propagate religion subject to public order, morality and health.
However, the same article also guarantees the right of members of the Sikh faith to bear a Kirpan, and the term "Hindus" is used to refer to all classes and sections of Hindus, Jains, Buddhists, and Sikhs. This has been objected to by Sikhs and Buddhists as it makes many Hindu personal laws applicable to them.
The Indian government has been criticised by the United States Commission on International Religious Freedom (USCIRF) for enacting and tolerating "religiously discriminatory policies". These include laws targeting religious conversion, interfaith relationships, the wearing of hijabs, and cow slaughter, which negatively impact Muslims, Christians, Sikhs, Dalits, and Adivasis (indigenous peoples and tribes).
Several Indian states have passed Freedom of Religion Bills primarily to prevent people from converting to Christianity. Orissa was the first state to bring such a law in 1967, followed by Madhya Pradesh in 1968 and Arunachal Pradesh in 1978. Christians protested against this, stating that the propagation of their faith was an important part of Christianity.
In 2021, the Karnataka state assembly enacted an anti-conversion bill, the Protection of Right to Freedom of Religion Act, becoming the first state in the south of the country to do so. The new law prescribed punishment of up to five years' imprisonment for conversions due to "force, undue influence, coercion, allurement or any fraudulent means including the promise of marriage." The Catholic Church filed a challenge against the new law in the state's high court, with Archbishop Peter Machado of Bangalore stating that the entire Christian community in the state was "deeply disturbed and greatly pained" by the new law.
In addition to anti-conversion laws, there have also been reports of punitive demolitions targeting Muslim minorities and violence against minorities and their houses of worship.
Despite these concerns, a 2021 Pew Research report found that across India, 84% said that respecting all religions was very important to being "truly Indian". However, in the same report, 64% of the Hindu population said that being Hindu was important for a "truly Indian" identity.
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Anti-conversion laws
India's Constitution includes the word "secular" in its preamble, and articles 25 to 28 imply that the state will not discriminate, patronise, or interfere in the practice of any religion. Article 25 guarantees the freedom of conscience and the right to freely profess, practice, and propagate religion, while Article 26 states that all denominations can manage their religious affairs. However, these rights are subject to regulation by the state.
Despite these constitutional guarantees, anti-conversion laws have been enacted in several Indian states, primarily aimed at preventing people from converting to Christianity. These laws are based on the premise of preventing forced or induced conversions. Orissa was the first state to introduce such legislation in 1967, followed by Madhya Pradesh in 1968 and Arunachal Pradesh in 1978. As of 2025, ten states have passed Freedom of Religion Bills, including Odisha, Madhya Pradesh, Arunachal Pradesh, Chhattisgarh, Gujarat, Haryana, Himachal Pradesh, Uttarakhand, Uttar Pradesh, and Jharkhand.
The rise of anti-conversion laws coincides with the increasing influence of Hindu extremist groups, who propagate the narrative that Muslims and Christians, constituting 14.4% and 4.8% of India's population, respectively, are not true Indians. These laws are often used to harass and persecute believers from Hindu backgrounds who convert to Christianity, exacerbating their risk of ostracism and persecution. Notably, while these laws restrict conversions away from Hinduism, they do not address coerced conversions to Hinduism, and police often turn a blind eye to such instances.
The enactment of anti-conversion laws has been accompanied by a proliferation of anti-minority hate speech and violence perpetrated by Hindutva-inspired vigilante groups. These laws have been criticised for restricting the religious freedom of minority faith groups and contributing to a climate of discrimination and violence targeting Muslims, Christians, Sikhs, Dalits, and Adivasis (indigenous peoples and scheduled tribes). Additionally, they have been implicated in the suppression of women's rights, intersecting with misogynistic narratives and reinforcing patriarchal constructs of honour and control over women's bodies.
The impact of anti-conversion laws is felt keenly in the lives of individuals, particularly those in interfaith relationships. Hindu right-wing vigilante groups intimidate young couples and their families, claiming to "rescue" Hindu women from "love jihad"—a conspiracy theory accusing Muslim men of luring Hindu women into relationships for conversion. These laws have led to the arrest of Muslim men and the creation of obstacles for interfaith marriages, with some states declaring such marriages null and void, punishable by imprisonment and fines.
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Religious pluralism
India is a secular country, and its constitution guarantees freedom of religion as a basic human right. The Indian Constitution's preamble includes the word "secular," and Articles 25 to 28 imply that the state will not discriminate against or interfere in the practice of any religion. These articles shield individual religions or groups by recognising religious rights as fundamental rights.
However, the Indian government has been criticised by organisations such as the United States Commission on International Religious Freedom (USCIRF) for promoting and enforcing religiously discriminatory policies, including laws targeting religious conversion, interfaith relationships, and the wearing of religious attire.
Historically, during the colonial era, the British implemented a form of "legal pluralism," where people in the same region were subject to different civil and criminal laws based on their religion. This approach divided Indian society, and the country has since debated whether to replace legal pluralism with legal universalism and a uniform civil code that does not discriminate based on religion. This debate remains unresolved.
Currently, India has a mix of secular personal laws and religious personal laws for specific communities. Hindu, Christian, Parsi, Jewish, and Islamic personal-status laws are legally recognised and enforceable. The government grants autonomy to the All India Muslim Personal Law Board and the Parsi community to define their customary practices. Additionally, the Indian government provides official minority status to six religious groups: Muslims, Sikhs, Christians, Parsis, Jains, and Buddhists. State governments may also grant minority status to religious groups that are minorities in their respective regions.
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Religious minorities
India is a secular country, and its constitution guarantees freedom of religion to all its citizens. While the Indian Constitution does not explicitly recognise any religions, it provides safeguards to protect religious and linguistic minorities as part of the country's Fundamental Rights. This helps maintain India's cultural diversity and promote equality and justice.
The term "minority" in India typically refers to communities that are numerically small relative to the rest of the population. However, it also extends beyond numbers to encompass issues of power and access to resources, as well as social and cultural dimensions. Religious minorities in India include Muslims, Christians, Sikhs, Buddhists, Jains, and Parsis. According to the 2011 census, Muslims comprise 14.2% of India's population, Christians 2.3%, Sikhs 1.7%, Buddhists 0.7%, Jains 0.4%, and Parsis 0.006%.
The Indian government has recognised the marginalisation and discrimination faced by religious minorities, particularly the Muslim community. They experience socio-economic disadvantages and have lower educational indicators compared to other marginalised groups. Additionally, there have been concerns about violence against minorities and their houses of worship, hate speech, and discriminatory policies targeting religious conversion, interfaith relationships, and religious attire.
To address these issues, India has implemented measures such as the Special Marriage Act, 1954, which governs people of all religions in India, irrespective of their personal beliefs. It allows for solemnisation of marriages and divorce for Hindus, non-Hindus, and foreigners opting out of ceremonial marriages under their respective personal laws. The Indian Succession Act, 1925, also applies to all testamentary succession unless parties choose to be governed by their respective religious laws. Furthermore, religious minorities have the right to establish and administer educational institutions under Article 30 of the Indian Constitution.
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Religious personal laws
India is a secular country, and its constitution guarantees freedom of religion to its citizens. While the country has no official religion, its laws recognise and accommodate the personal laws of various religious communities. These personal laws are based on religious scriptures and customs and govern matters such as inheritance, succession, marriage, and religious ceremonies.
The concept of Religious Personal Laws (RPLs) in India dates back to colonial times. The British separated the public and personal spheres, governing the former through Anglo-Indian law and allowing religious laws to govern the latter. Local courts or panchayats applied these religious laws in civil disputes between people of the same religion, with limited state intervention. The Warren Hastings plan of 1772, for example, allowed Hindus and Muslims to be governed by their respective religious laws in matters of inheritance, marriage, caste, and other religious institutions.
Post-independence, India retained this structure, with the constitution guaranteeing equality for all religions. The Hindu Code Bills introduced reforms and codified personal laws for Buddhists, Hindus, Jains, and Sikhs, while Christians, Jews, Muslims, and Parsis were exempted. The Special Marriage Act of 1954 allows for civil marriages outside of religious ceremonies and is applicable to all citizens, regardless of their personal beliefs.
However, the continued existence of RPLs has been criticised for denying gender equality, particularly in family law matters. Legal scholars argue that RPLs create a space for rules or laws that do not conform to Constitutional requirements, such as succession rules, yet are enforced by the state. This legal pluralism has been challenged for perpetuating discrimination and failing to ensure equal rights for women.
In recent years, there has been a push for a Uniform Civil Code, giving equal rights to women and reforming Hindu law to align with modern societal trends. Several Indian states have also passed Freedom of Religion Bills, primarily aimed at preventing religious conversions, particularly to Christianity. These laws have been criticised by religious minorities, who argue that they infringe on their constitutional right to propagate their faith.
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Frequently asked questions
The Indian constitution uses the word secular in its preamble, implying that the state will not discriminate against any religion. It also provides fundamental rights to religious groups and guarantees freedom of conscience and the right to practice, profess, and propagate religion.
The Indian constitution recognizes several religions, including Hinduism, Islam, Christianity, Sikhism, Jainism, Buddhism, and Judaism. These religions have legally recognized personal status laws that govern matters such as marriage, divorce, and inheritance.
Indian law accommodates religious diversity through personal status laws, which establish civil codes for specific religious communities. These laws allow communities to manage their own affairs and define their customary practices in matters of religion, family structure, and property rights. Additionally, federal law provides official minority status to six religious groups: Muslims, Sikhs, Christians, Parsis, Jains, and Buddhists, offering them government assistance programs.
