Allahabad HC, Supreme Court 
Litigation News

Supreme Court expunges Allahabad High Court remark on religious conversion

Debayan Roy

The Supreme Court Friday expunged the Allahabad High Court observation that majority population of the country would become the minority one day, if religious congregations where conversions take place are not stopped [Kailash v. State of Uttar Pradesh].

The Bench of Chief Justice of India DY Chandrachud and Justice Manoj Mishra observed that the remarks made by the High Court were uncalled for at the stage of bail.

"Such general remarks should not be used in any other case," the Court said, while granting bail to an accused in a case under the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021

CJI DY Chandrachud and Justice Manoj Misra

The accused had been denied bail by the High Court's Justice Rohit Ranjan Agarwal  on July 1.

The High Court had also detailed observations on religious conversion and its alleged impact on majority population.

During the hearings, the High Court was informed that the informant's brother had been taken away from his village to attend a gathering of "well-being" at Delhi. Along with him, a number of persons from the village were also taken there to convert them to Christianity.

In this context, the Court had then observed that if such practice is allowed to continue, the majority population would become minority one day.

Justice Rohit Ranjan Agarwal

Justice Rohit Ranjan Agarwal also said that Article 25 of the Constitution of India provides for “freedom of conscience and free profession, practice, and propagation of religion” but does not provide for conversion from one faith to another faith.

The word "propagation" means to promote, but it does not mean to convert any person from his religion to another religion,” it added.

These observations were expunged by the Supreme Court on Friday.

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