Constitutionality Of State Legislature Curbing Conversion For Marriage

Manvi Talwar, O.P Jindal Global Law School

ABSTRACT

The evolving jurisprudence surrounding the states pervasive control has often been an area of question especially in the highly personal realm of conversion and marriage. This personal interplay of two facets of identity often create a dichotomy between the states role in regulating such beliefs and ensuring the right to personal autonomy. This research attempts to evaluate the constitutionality of legislature governing matters of religion and marriage that have been a point of contention for years playing into the ongoing trend of constitutional morality. Several state governments have taken an aggressive approach to curb conversion as a result of a majoritarian view into a change in religious beliefs. The impact of majoritarianism has often influenced legislature and this article attempts to identify if certain such legislature can stand the test of constitutionality. The paper further attempts to highlight the problems arising out of such legislature curbing voluntary conversion for marriage and how the courts may resolve such a dichotomy.