All conversions can't be called illegal: Supreme Court on Madhya Pradesh Govt's plea on inter-faith couples

New Delhi, January 3

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Noting that all conversions could not be said to be illegal, the Supreme Court on Tuesday refused to stay a Madhya Pradesh High Court’s decision striking down a mandatory requirement under the Madhya Pradesh Freedom of Religion Act to make a declaration to the District Magistrate for religious conversion.

Mustn’t be forced

The purpose of charity should not be conversion; every charity or good work is welcome; but what is required to be considered is the intention. SC

A Bench of Justice MR Shah, however, agreed to hear the Madhya Pradesh Government’s petition challenging the high court’s order restraining it from prosecuting interfaith couples who tied the knot without informing the District Magistrate concerned. Issuing notice on its plea, the Bench posted the matter for further hearing on February 7.

On behalf of the Madhya Pradesh Government, Solicitor General Tushar Mehta contended, “There is no prohibition against marriage or conversion. District Magistrate may only be intimated, that’s all a stay would do.” Mehta said marriage was being used for illegal conversions. “We cannot turn a blind eye to this,” he submitted.

While dealing with certain other petitions, the top court had earlier described forced religious conversions as a “very serious” matter affecting the security of the nation. Noting that the purpose of charity should not be conversion, the Supreme Court had on December 5 said forced religious conversion was a “serious issue” as it went against the Constitution. “The purpose of charity should not be conversion; every charity or good work is welcome; but what is required to be considered is the intention,” it had said. The HC had on November 14, 2022 directed the state government not to take any coercive action against any person who contravened Section 10 (declaration before conversion of religion) of the Act. The Act prohibited conversions by misrepresentation, allurement, threat or use of force, undue influence, coercion, marriage or by any other fraudulent means.