NEW DELHI – The Association for Protection of Civil Rights (APCR) has facilitated a Public Interest Litigation (PIL) in the Supreme Court challenging the constitutionality of key provisions of the Rajasthan Prohibition of Unlawful Conversion of Religion Act, 2025, specifically Sections 5(6), 10(3), 12, and 13, that prescribe severe penalties for alleged unlawful conversions, including forfeiture, confiscation, and demolition of properties.
The matter was heard by a division bench comprising Justices Vikram Nath and Sandeep Mehta, who issued notice to the Rajasthan government on both the main petition and the interim stay application.
The PIL, filed by John Dayal, noted human rights activist, and M Huzaifa, advocate and researcher, argues that these provisions constitute a direct assault on the judiciary and amount to a legislative overruling of the Supreme Court’s 2024 landmark judgment in Directions in the Matter of Demolition of Structures (2024 SCC OnLine SC 3291), which declared that no demolition or punitive action can be undertaken without judicial determination of guilt.
The PIL argues that the impugned provisions are in direct violation of Articles 14, 21, 22, and 300A of the Constitution, creating a regime of executive punishment without judicial adjudication, and thereby undermining the doctrine of separation of powers, a basic feature of the Constitution.
The petition emphasises that the law allows the District Magistrate or a gazetted officer to order confiscation or demolition of properties through summary inquiries, replacing judicial procedure with arbitrary executive discretion. It further notes that Section 5(6) of the Act shockingly permits the forfeiture of properties of innocent owners “with or without consent”, institutionalising a form of collective punishment and absolute vicarious liability.
The PIL was settled by Senior Advocate Abhay Mahadeo Thipsay and filed through Advocate-on-Record Yashwant Singh, with research assistance by Amaan Siddiqui, Mohd Saad Khan, and Ziya ur Rahaman Karim.
Through this petition, APCR reaffirms its commitment to defending constitutional governance and ensuring that executive authorities act within the limits of law. The organisation calls upon all institutions to uphold due process, judicial independence, and the right to life, liberty, and shelter guaranteed under the Constitution.
