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Law is not for ‘harassing’ innocent, says Supreme Court in New Delhi

14 November 2025

Ruling offers measure of relief for Christians after years of arrests and prosecutions under anti-conversion statutes

Alamy

Christian families in New Delhi, India, visit the graves relatives on All Souls Day, earlier this month

Christian families in New Delhi, India, visit the graves relatives on All Souls Day, earlier this month

A RECENT Supreme Court ruling in New Delhi has elicited responses of cautious optimism from the minority Christian community in India, who have long faced criminal cases under state-level anti-conversion laws. On 17 October, the court quashed police complaints filed under Uttar Pradesh’s Prohibition of Unlawful Conversion of Religion Act 2021, observing that criminal provisions could not be used to “harass innocent citizens”.

The two-judge bench of Justices, J. B. Pardiwala and Manoj Misra, held that only a competent authority, an aggrieved person, or their immediate relative could file a complaint under the law. The decision effectively invalidated a series of cases filed by members of the Vishwa Hindu Parishad (VHP) against officials of the Sam Higginbottom University of Agriculture, Technology and Sciences, in Prayagraj. None of the complainants was the direct object of an alleged conversion attempt.

For Christians, the ruling offers a measure of relief after years of arrests and prosecutions under anti-conversion statutes enacted across at least a dozen states. Church leaders say that these laws, though presented as safeguards against forced conversion, have often been used to intimidate pastors and small congregations.

Fr Dominic Emmanuel, a Delhi-based Roman Catholic priest, said that the decision restored faith in judicial oversight. “The court has reminded the police and political groups that faith is a personal choice, not a crime,” he said.

In Uttar Pradesh and Chhattisgarh, where pastors and Christian families have faced repeated harassment, the ruling is being viewed as a possible turning point. “We hope this judgment forces state police to verify complaints before making arrests,” said a lawyer associated with the United Christian Forum, which has documented more than 700 arrests of pastors and church workers since 2021.

Legal experts say that the order, while procedural in nature, sets an important precedent. “It compels the state to respect due process,” the constitutional lawyer Adeel Ahmed said. “By requiring competent complainants, the court has closed the door on politically motivated cases filed by outsiders.”

Nevertheless, the broader constitutional question, whether anti-conversion laws violate the right to religious freedom under Articles 25 and 21, remains unresolved. Several petitions on the issue are pending before a larger bench of the Supreme Court.

“It is not the end of the struggle,” Fr Emmanuel said, “but it is a small victory for faith and freedom.”

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