Justices MR Shah and Hima Kohli 
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Religious conversion by force serious issue; affects freedom and security of country, citizens: Supreme Court

Abhimanyu Hazarika

Forceful religious conversion is a very serious issue that threatens the security of the country and citizens' freedom of conscience, the Supreme Court observed on Monday. (Ashwini Kumar Upadhyay vs Union of India and ors)

A bench of Justices MR Shah and Hima Kolhi orally observed that conversions through force and coercion are very dangerous, and while everyone has freedom of religion, religious conversion cannot be through force.

"The issue with respect to the alleged conversion of religion, if it is found to be correct and true, is a very serious issue which may ultimately affect the security of the nation and violate citizens’ right to freedom of conscience and right to freely profess, practice and propogate religion. Therefore, it is better that the Union Government may make their stand clear," the Court noted.

It, therefore, directed the Central government to file a counter affidavit on the steps taken by it to curb conversion by force, by November 25.

The top court listed the matter for further hearing on November 28, 2022.

The order was passed on a plea by BJP spokesperson Ashwini Kumar Upadhyay, filed through advocate Ashwani Kumar Dubey, seeking stringent steps to control religious conversion through fraud and intimidation.

The plea claimed that fraudulent and deceitful religious conversion is rampant across the country, and that the Central government has failed to control its menace.

"There is not even one district which is free of religious conversion by 'hook and crook and the carrot and the stick'," the plea said.

Further, it stated that if such conversions are not checked, Hindus would soon become a minority in India. Thus, the Centre is obligated to enact a country-wide law for the same, it was contended.

The petitioner also sought directions to the Law Commission of India to prepare a report and a Bill to control 'deceitful religious conversion.'

Solicitor General Tushar Mehta appeared for the Central government.

[Read order]

Ashwini Upadhyay vs Union of India and ors.pdf
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