SC seeks Rajasthan government’s response on controversial anti-conversion law

New Delhi | Desk: The Supreme Court has issued a notice to the Rajasthan government seeking its response on a public interest litigation challenging the constitutional validity of certain provisions of the Rajasthan Prohibition of Unlawful Conversion of Religion Act, 2025. The petition questions sections of the law that empower the state to confiscate and demolish property of those allegedly violating the rules.

A bench of Justices Vikram Nath and Sandeep Gupta took cognizance of the petition filed by the Association for Protection of Civil Rights (APCR). The petition challenges sections 5(6), 10(3), 12, and 13 of the Act.

These sections provide for stringent punishment for alleged illegal conversions, including confiscation, attachment, and demolition of property.

The petitioners have argued that these provisions directly violate a landmark Supreme Court judgment prohibiting demolition of property without proper notice and without affording the accused an opportunity to defend themselves.

The PIL states that the law allows a District Magistrate or a Gazetted Officer to order the confiscation or demolition of property based on a summary inquiry, thereby substituting judicial process for arbitrary executive discretion.

The petition cites a landmark 2024 judgment by a bench headed by Chief Justice B.R. Gavai, which directed that no punitive action can be taken without judicial confirmation of guilt.

In particular, objections are raised to Section 5(6), which allows the confiscation of properties of innocent owners "with or without consent."

This is said to institutionalize collective punishment and absolute vicarious liability. The bench has issued notice on the main petition as well as an application seeking an interim stay on the controversial law.