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Synopsis

A Bench of Justice MR Shah and Justice Krishna Murari, on Friday, issued notice, in a petition filed by an Advocate, Ashwini Upadhyay, which had sought stringent steps to control fraudulent religious conversions. 

The petition submits that IPC Chapter-XV does not cover religious conversion, because of which many States have become a safe harbour for promotion of such practices. And in furtherance of the same, seeks insertions of Section 375A, 409A and 493A in Chapter-XV IPC, to prohibit religious conversion by intimidating, threatening and deceivingly luring through gifts and monetary benefits and by using black magic and superstition. 

The petition substantiates how fraudulent religious conversions through "hook and crook'' and ''carrot and stick'' idiomatic practices are a national problem.  

It further states that the Constitution protects and propagates Indian languages, customs, traditions, and religions, and not its foreign counterparts. And that how the Court cannot be a mute spectator to the religious conversions due to the Executive's inaction by use of force, allurement or fraudulent means.

It further talks about the three methods through which the conversions are taking place:

1.Through Material enticements (economic aid, medical aid etc);

2. By denigration of the person's religion to make a new religion appear superior;

3. By unethical, predatory methods (bigotry).

It further states that:

-Despite the provision of equal before law and equal protection of law under Article 14, religious conversions by intimidating, threatening and deceivingly luring through gifts and monetary benefits is an offence in Ghaziabad (Uttar Pradesh) but not in adjoining East Delhi as there is no provision in Chapter-XV of Indian Penal Code.

-Religious conversion by using black magic and superstition is an offence in Gurugram and Faridabad but not in adjoining West and South Delhi, again contrary to Article 14.

-It states that women, children, socially economically underprivileged citizens, particularly belonging to scheduled castes and scheduled tribes are the main targets. And they are converted by use of force, allurement and fraudulent means like black magic, superstition, healing etc. 

-That Article 25 is a protective as well as an enabling provision, where it secures right to custom (रीति), tradition (प्रथा), religion (धर्म) but prohibit ill-custom (कुरीति), ill tradition (कुप्रथा), and conversion (धर्मांतरण). While neither the Centre or State has enacted an Anti-Conversion Law in spirit of Article 25.

The basis of the petition was derived from the various provisions of the Constitution. It has mentions of Articles 14, 25, 26, 29 of the Constitution of India, Article 18 of International Covenant on Civil-Political Rights, the 1981 Declaration on the Elimination of All Forms of Intolerance and Discrimination based on Religion. And while mentioning Article 37, 46,  51A of the Constitution of India, it states that it is the duty of the State to implement it in 'letter and spirit'. 

The matter will be taken up on 14-11-2022.

 

CASE TITLE: Ashwini Kumar Upadhyay vs. Union Of India And Ors