A petition challenging the validity of the Chhattisgarh Freedom of Religion Act, 2026, was heard in the Chhattisgarh High Court on Oct. 8, even as the intense persecution of the Christian community in the central Indian state continues unabated. 

Based on the petition, the High Court issued a three-week notice to the Chhattisgarh government, demanding a formal response to objections raised in the plea. 

The Chhattisgarh Legislative Assembly passed the Chhattisgarh Dharma Swantantrya Act (Freedom of Religion) in March 2026, and the Governor formally assented to it in April, replacing the earlier similar act in force since 1968. 

Fundamental Freedom Curtailed 

The Chhattisgarh Freedom of Religion Act is a misnomer, as it seeks to curtail the freedom of religion guaranteed by the Constitution of India in several ways.

And this is what has been challenged by the petition filed by civil rights advocates and the minority Christian leaders. 

The petition, filed by advocate Harshmander Rastogi and represented before the High Court by Dr. S. Muralidhar and Manoj Paranjpe, contended that a person’s faith should not depend on state approval or prior public notification. 

They said the law requires even voluntary conversions to make public disclosures and obtain multiple government clearances, making the process cumbersome. 

The petition argues that the new law functions as a tool for state-sanctioned profiling. 

The legal heavyweights contend that the statute violates fundamental rights guaranteed under the Indian Constitution, including the rights to privacy, personal liberty, and freedom of conscience under Article 25. 

The Legal Contentions 

While lawmakers framed it as a necessary measure to prevent fraudulent or forced conversions, critics argue the 2026 Act creates an exceptionally punitive environment.  

The petition specifically challenged several highly restrictive provisions. 

The Invalidation of Standard Rites — The law defines a “mass conversion” as converting two or more individuals. Because mass conversions carry severe penalties — ranging from 10 years to life imprisonment — routine religious practices like baptizing siblings or families are now vulnerable to prosecution. 

Prior Notification Hurdles — Individuals wishing to change their faith must give district magistrates 30 days’ advance notice. Civil rights groups argue this public disclosure strips individuals of privacy and exposes them to community threats before any voluntary conversion takes place. 

Shifted Burden of Proof and Bail Barriers — The offenses are non-bailable, allowing police to make arrests without a warrant based on unverified third-party complaints. Crucially, the law reverses the burden of proof, requiring the accused pastor or believer to prove their innocence, rather than requiring the state to prove a crime occurred. 

Escalating Persecution 

The legal fight is playing out against a backdrop of heightened hostilities toward the state’s Christian minority, particularly within the tribal dominated provinces. 

In many districts, Christian families face systematic economic boycotts for refusing to renounce their faith. These families report being barred from public water handpumps, excluded from government employment schemes, and prohibited from gathering essential forest produce. 

A volatile crisis has also emerged regarding burial rights. Local vigilante groups regularly block Christians from burying their deceased in common village graveyards. 

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