Right to religion doesn’t include right to convert others to particular religion: Gujarat Government tells SC

In an affidavit filed in the top court, the Gujarat Government sought to defend the Gujarat Freedom of Religion (Amendment) Act, 2021, certain provisions of which have been stayed by the state high court

Photo for representational purpose only.

Satya Prakash

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 told the Supreme Court that the right to freedom of religion does not include a fundamental right to convert other people to a particular religion.

“The said 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.

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 said word was passed by the constituent assembly only after the clarification that the fundamental right under Article 25 would not include the right to convert,” the Gujarat Government affidavit read.

It sought to defend the Gujarat Freedom of Religion (Amendment) Act, 2021, certain provisions of which were stayed by the state high court 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.

Asserting that the government was cognisant of the gravity and the seriousness of the issue raised in the petition, the MHA said, “The relief sought in the present petition would be taken up in all seriousness by the Union of India and appropriate steps shall be taken as the Central Government is cognisant of the menace.”

“Forced conversion is a serious menace, a national issue… In its affidavit, the Centre has mentioned that laws seeking to control such practices are necessary to protect the cherished rights of vulnerable sections of society,” Solicitor general Tushar Mehta had said.