Right to religion doesn't include right to convert others: Gujarat in Supreme Court

Tribune News Service

New Delhi, December 3

Ahead of the December 5 hearing on a PIL against forced and fraudulent religious conversion, the Gujarat Government has told the Supreme Court that the right to freedom of religion does not include a fundamental right to convert others to a particular religion.

“The right (to freedom of religion) certainly does not include the right to convert an individual through fraud, deception, coercion, allurement or other such means,” Bharat Vaishnav, Additional Secretary (Law & Order), Home Department, Government of Gujarat, said in an affidavit filed in the top court.

Bail to train burning convicts opposed

• The Gujarat Government has opposed the bail pleas of some convicts of the 2002 Godhra train burning case, contesting their claim that they were mere stone-pelters
• On behalf of Gujarat Government, Solicitor General Tushar Mehta told a Bench led by CJI DY Chandrachud that these convicts threw stones on the train which prevented people from escaping the burning coach
• “It is not a case of mere stone-throwing,” Mehta told the Bench that also included Justice PS Narasimha
• On Feb 27, 2002, 59 persons were killed when a coach of Sabarmati Express was burnt at Godhra, leading to riots in Gujarat
• The convicts have moved the top court against the October 2017 verdict of the Gujarat High Court, which had upheld their conviction in the case

The affidavit has been filed in response to a PIL by Delhi BJP leader Ashwini Kumar Upadhyay seeking a direction to the Centre and states to take measures to check forcible and fraudulent religious conversion by threat and inducements.

“The meaning and purport of the word ‘propagate’ falling under Article 25 of the Constitution was discussed and debated in great detail in the constituent assembly and the inclusion of the word was passed by the it only after the clarification that the fundamental right under Article 25 would not include the right to convert,” the affidavit read.

It sought to defend the Gujarat Freedom of Religion (Amendment) Act, 2021, certain provisions of which were stayed by the state HC in August 2021, saying, “…the steps stipulated therein are the precautions to ensure that the process of renouncing one religion and adopting another religion is genuine, voluntary and bona fide and at the same time, free from any force, allurement and fraudulent means.” It also pointed out that the Gujarat High Court was dealing with the same issue which the top court was seized of. A Bench led by Justice MR Shah, which had on November 14 described forced religious conversion as a “very serious” matter affecting the security of the nation, is expected to take up the matter on Monday.

The top court had on November 28 asked the Centre to collate information received from all states on the steps taken by them in this regard. Maintaining that no one has a fundamental right to convert others, the Centre had earlier assured the Supreme Court that it would take serious measures to check forced and fraudulent religious conversions.

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