New Delhi: Terming the matter 'a serious issue', the Supreme Court on Monday heard the matter on religious conversions and said that the court is not against religious conversions as long as they are not forced. Adjourning the matter further, the SC concluded the hearing by ensuring the relief sought in the heard petition 'in all seriousness' by the center.
It is "cognizant of the gravity and the seriousness" of the issue, said the Centre in its affidavit filed on a PIL claiming that fraudulent and deceitful religious conversion is rampant across the country. "Appropriate steps shall be taken as the Central Government is cognizant of the matter," the Supreme Court bench headed by Justice MR Shah observed after the Centre reassured them of the same.
The right to freedom of religion, and more importantly, the right to the consciousness of all citizens of the country is an extremely cherished and valuable right that ought to be protected by the executive and the legislature, the affidavit by the Centre added.
Solicitor General Tushar Mehta was representing the central government. The hearing was in response to a petition seeking direction for stringent steps against forceful religious conversion filed by BJP member and advocate Ashwini Upadhyay.
After Justice Shah noted that the issue is a serious one, SG Tushar Mehta called the matter a 'menace', further stating that the Supreme Court, in one of its judgments, had held that propagating religion doesn't include conversion as propagating is rather a positive thing.
The SG further underlined that 'freedom of religion doesn't include the right to convert an individual through fraud, deception, coercion, allurement or other such means'. He informed the court that a total of 9 states that include Odisha, Madhya Pradesh Gujrat, Chhattisgarh, Jharkhand, Uttrakhand, UP, Haryana, and Karanataka have already enacted legislation for the issue and some states are yet to frame laws for it. Such enactments are necessary to protect the women, socially and economically poor section of society, he added.
The plea is being opposed in the court by Adv Sanjay Hedge, contending that it's not maintainable and the PIL doesn't have purity. "This is not maintainable since the matter is already pending. The PIL jurisdiction has to be very pure. He (Upadhyay) is a political person. He changes his counsel and tries again," Hegde said.
The plea also sought directions to the Law Commission of India to prepare a report and a Bill to control "deceitful religious conversion". It further sought a declaration from the Court that fraudulent religious conversion and conversion by intimidation, threatening and through gifts and monetary benefits offends Articles 14, 21, and 25 of the Indian Constitution.
The Court asked the Centre to file an affidavit with instructions from the State governments. The bench has now posted the matter for hearing on December 5.
