HC issues notice on plea alleging fraudulent conversions in Punjab through ‘magical healing’
The petitioner claimed that the respondents, knowing fully well that their methods were not recognised forms of medical treatment, cheated and defrauded poor and ailing persons
The Punjab and Haryana High Court on Friday issued notice of motion to the Centre and state of Punjab on a petition alleging that religious conversions were being carried out through foreign funding by enticement, coercion, fraud and undue influence under the garb of “magical healing”.
In his petition placed before the division bench of Chief Justice Nagu and Justice Sanjiv Berry, petitioner Tejasvi Minhas contended that the entire process was unconstitutional and illegal. Appearing on his behalf, counsel Vishal Garg Narwana submitted that the law prohibited conversion or any attempt to convert by force, coercion, misrepresentation or undue influence, and by inducement — including promises of financial gain, employment, free education, better lifestyle or other material benefits. The court was told that offences relating to conversion involving minors, women, or members of the Scheduled Castes and Scheduled Tribes were cognisable and carried enhanced punishment.
Narwana alleged on the petitioner’s behalf that lakhs of gullible and poor residents of Jalandhar and adjoining districts, who took every printed word and circulated video as gospel truth, had fallen prey to certain persons arrayed as respondents. These respondents, described as “quacks”, were allegedly practising so-called magical healing, prayer sessions and the use of “anointing oil”, and in the process inducing Sikhs and Hindus to convert to Christianity.
It was further submitted that the quacks indulging in magical healing did not possess any medical degree recognised by the National Medical Commission and that practising such healing without any recognised qualification amounted to unauthorised and unlicensed practice of medicine. The petitioner claimed that the respondents, knowing fully well that their methods were not recognised forms of medical treatment, cheated and defrauded poor and ailing persons by exercising undue influence and luring them into conversion.
The plea added that in cases where a person died during such “miracle healing” sessions, the respondents allegedly informed the family that it was act of providence. Apart from seeking action under the Drugs and Magical Remedies (Objectionable Advertisements) Act, the petitioner sought prosecution of the respondents under the relevant provisions of the Bharatiya Nyaya Sanhita (BNS) for offences including cheating, causing harm and injury, and culpable homicide.
The petition cited the example of a four-year-old girl who was undergoing treatment and allegedly died in the course of such miracle healing, contending that the matter required urgent judicial intervention. Narwana added that fraudulent religious conversions amounted to a violation of human rights and resulted in harassment, particularly of vulnerable section of the population. They were often perceived as more susceptible to inducements such as promises of financial benefits, employment, free medical care, or other material advantages, making them specific targets of fraudulent conversion attempts and manipulation.
He submitted that one of the serious legal consequences of conversion for individuals from SC communities was the potential forfeiture of constitutionally mandated reservation benefits available to them.
It was added that the Constitution under Article 25 guarantees the right to freedom of conscience and the right to freely profess, practise and propagate religion, but the protection did not extend to converting others through force, fraud, coercion, undue influence, inducement or misrepresentation. The plea maintained that fraudulent conversions impinged upon the freedom of conscience of the individuals being targeted and, therefore, could not claim constitutional protection. The matter will now come up on April 20.
