Purpose of charity shouldn't be religious conversion: Top court

Satya Prakash

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New Delhi, December 5

Noting that the purpose of charity should not be conversion, the Supreme Court on Monday 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,” a Bench led by Justice MR Shah said.

While hearing a PIL by Delhi BJP leader, advocate Ashwini Kumar Upadhyay, seeking a direction to take measures to control fraudulent religious conversion by threat and inducements, the Bench said those in India have to act as per its culture and Constitution.

Intention vital

Every charity or good work is welcome, but what is required to be considered is the intention. —SC Bench

Stating that the Centre was collecting information from states on religious conversion, Solicitor General Tushar Mehta sought a week from the Bench to furnish detailed information on the issue. The Bench — which had on November 14 described forced religious conversion as a “very serious” matter affecting the security of the nation — posted the matter for further hearing on December 12.

It rejected the objections with regard to maintainability of the PIL. “Don’t be so technical. We are here to find a solution. We are here to set things right… Do not take it as adversarial. It is a very serious issue. Ultimately, it’s against our Constitution. When everyone stays in India, they have to act per the culture of India.” Maintaining that no one has a fundamental right to convert others, the Centre had earlier assured the SC that it would take serious measures to check forced conversions.

The plea has also sought directions to the Law Commission of India to prepare a report as well as a Bill to control conversion by intimidation and through monetary benefits.