Issue of forced conversions 'serious' and might affect security of nation: SC

The Apex Court also warned a "very difficult situation" will emerge if forced religious conversions are not stopped.
Image used for representational purpose only. (File Photo)
Image used for representational purpose only. (File Photo)

NEW DELHI: Terming the issue of fraudulent and forced religious conversion as 'serious' and 'dangerous,' Supreme Court on Monday asked centre to file affidavit by Nov 22 detailing steps taken against forcible conversion.

The court warned a "very difficult situation" will emerge if proselytisation through deception, allurement and intimidation is not stopped.

The bench of Justices MR Shah and Hima Kohli said said, “Everyone has right to freedom of religion but not by forced conversion. It’s a very dangerous thing.”

The bench also added that the issue might ultimately affect the security of the nation as well as the freedom of religion and conscience of the citizens.

"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 as well as the freedom of religion and conscience of the citizens. Therefore, it is better that Union government may make their stand clear and file counter on what further steps can be taken by Union and/or others to curb such forced conversion maybe by force, allurement or fraudulent means,” the court said.

Responding to Solicitor General Tushar Mehta’s contention that religious conversion is rampant in tribal areas, the bench said, “You have to step in now.”

Mehta submitted before the top court that the issue was debated even in the Constituent Assembly.

"There were two Acts. One was by the Odisha government and another one by Madhya Pradesh dealing with regulation of any forcible conversion by deceit, falsehood or fraud, money. These issues came before this court for consideration and the top court upheld the validity," Mehta said.

The solicitor general said forced religious conversions are rampant in tribal areas.

Many a time the victims are not aware they are the subject matter of criminal offence and would say they are being helped, Mehta said.

The top court observed there may be freedom of religion but there cannot be freedom of religion by forced conversion.

The court’s remarks came in a plea filed by BJP leader Ashwini Upadhyay to declare religious conversion by fraud, intimidation, threat and deceiving by luring gifts and monetary benefits as violative of fundamental rights.

Upadhyay’s plea which was filed against the backdrop of suicide of 17 year old girl Lavanya in Tamil Nadu had sought for taking stringent steps to control religious conversion and as an alternative prayed for directing the Law Commission of India to prepare a report as well as a bill to control “Deceit Religious Conversion”.

“There is not even one district which is free of religious conversion by hook and crook and the carrot and the stick,” the plea stated. It was also argued that the situation is alarming as many individuals and organisations are carrying out mass conversions of SC-STs in rural areas.

“The mass conversion of socially economically underprivileged people, particularly belonging to SC-ST, has been on a steep rise for the last 2 decades. These organisations operate very smoothly targeting socially economically underprivileged sections particularly belonging to the SC-ST community,” the plea also stated.

(With inputs from PTI)

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