Open Access Research Article
THE INTERSECTION OF RELIGIOUS CONVERSION AND CONSTITUTIONAL FRAUDS: AN ANALYSIS OF SAFIYA SULTANA V. STATE OF U.P. AND ANOTHER
Abstract
ABSTRACT
This case commentary offers a
critical look at the Allahabad High Court’s ruling in Safiya Sultana v. State
of U.P. And Another. The decision center on a conflict: the right to
freedom of religion under Article 25 of the Indian Constitution and the state’s
authority to regulate religious conversions through the U.P. Prohibition of
Unlawful Conversion of Religion Act 2021. The court had to decide whether a
religious conversion done mainly to support a -faith marriage is a
genuine act of personal freedom or a fraudulent move meant to bypass the rules
set by the Special Marriage Act, 1954. The article examines the court’s
use of the "sincerity test”. A method to judge whether a person’s
religious conversion was truly sincere or just a legal strategy. It argues that
this test risks letting the state control what counts as faith. By comparing
the Allahabad judgment with Supreme Court decisions in Shafin Jahan and Sarla
Mudgal the author shows how questioning the real motives behind religious conversion
undermines personal liberty. The right to conscience protected under Articles
21 and 25 is, under threat when the government starts policing the authenticity
of beliefs. The article concludes that while stopping forced conversions
is a concern making it a crime to convert for the sake of marriage goes too
far. It creates a system where people are monitored and judged for
the truth of their faith. A move that's not only legally weak but
also unconstitutional. Such a "sincerity audit" puts the state in the
role of determining what is morally correct which's a dangerous expansion
of power.
Published Paper
Author Details
Authors: ANUSHA RAI
Registration ID: 1013170 | Published Paper ID: IJLRA13170
Year: Sep-2026 | Volume: 3 | Issue: 6
Approved ISSN: 2582-6433 | Country: Delhi, India
Page No.: 921-929
Article Information
THE INTERSECTION OF RELIGIOUS CONVERSION AND CONSTITUTIONAL FRAUDS: AN ANALYSIS OF SAFIYA SULTANA V. STATE OF U.P. AND ANOTHER
Authors: ANUSHA RAI
- Journal IJLRA
- ISSN 2582-6433
- Volume 3
- Issue 6
About Journal
International Journal for Legal Research and Analysis
- AbbreviationIJLRA
- ISSN2582-6433
- AccessOpen Access
- LicenseCC 4.0
All research articles published in International Journal for Legal Research and Analysis are open access and available to read, download and share, subject to proper citation of the original work.
Disclaimer: The opinions expressed in this publication are those of the authors and do not necessarily reflect the views of International Journal for Legal Research and Analysis.