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The PIL was filed alleging that the Centre and State governments failed to control the menace of black magic superstition and deceptive religious conversion, even though it is their duty under Article 51A.
In an additional affidavit in the ongoing Public Interest Litigation before the Delhi High Court against forceful religious conversion, Advocate Ashwini Kumar Upadhyay submitted that the court cannot be a mute spectator if followers of Indian religions are being converted to foreign religion by force, allurement or fraudulent means.
The additional affidavit has been filed in a PIL plea asking the Centre and the Delhi Government to prohibit forcible religious conversion by intimidating, threatening, and deceiving people with gifts and monetary benefits, as well as by using black magic and superstition.
Referring to Article 14 of the Constitution which ensures equality before law and equal protection of laws, Upadhyay stated that "religious conversion by intimidating, threatening and deceivingly luring through gifts and monetary benefits is an offence in Ghaziabad (Uttar Pradesh) but not in adjoining East Delhi."
Upadhyay stated that similarly, religious conversion using black magic and superstition is an offence in Gurugram and Faridabad but not in adjoining West and South Delhi, which is not only contrary to the Articles 14 but is also conflicting to the principles of secularism and rule of law.
The affidavit stated, "Biological and ethnical invasion is going on the Hindus with intention to disturb communal harmony and integrity of India. Such religious conversions are being done by way of love jihad or by allurement of divine pleasure, force, etc."
Additionally, the affidavit submitted that Article 26 gives freedom to manage religious affairs to every religious denomination but it is not an absolute right and is subject to public order, health and morality. However, due to the Centre and State's inaction, many mosques and churches have become epicenter of black magic, superstition & religious hypocrisy whose ultimate purpose is to convert economically weaker scheduled castes and scheduled tribes.
Furthermore, it submitted, "The position of Jammu and Kashmir is known to all and we all are very much aware of the large level terrorism being spread by several hard-core Muslim organization all over the world like Taliban, Jaish-A Mohammed, Al-Kaida, ISIS, Lashkar-E-Taiba, and so on. But the appeasement policy encouraged conversions by Muslims under the guise of protection given to minorities in our Constitution."
Case Title: Ashwini Kumar Upadhyay Vs. Union of India & Ors.
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