Right to Freedom of Religion doesn't include right to convert via fraud

The Centre has told the Supreme Court that it is cognizant of the gravity and the seriousness of the issue of forced religious conversions and that it will take "appropriate steps" in "all seriousness" to address the issue.

"The right to freedom of religion does not include the right to convert an individual through fraud, deception, coercion, allurement or other such means," the ministry of home affairs said in an affidavit.

The affidavit was filed in response to a petition filed by BJP leader Ashwini Kumar Upadhyaya seeking measures to control forced conversions.


The Centre in its affidavit has 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 cognizant of the matter".

The petitioner has sought directions to the Centre and states to take stringent steps to curb forceful religious conversion by intimidation, threats and deceivingly luring through gifts and monetary benefits. The petitioner has sought directions to the Law Commission of India to prepare a report as well as a bill to control religious conversions.

The Centre has submitted that the enactment against forced religious conversion is necessary to protect the vulnerable sections, including women and economically and socially backward classes.

The Centre said the meaning and purport of the word 'propagate' falling under Article 25 of the Constitution was discussed and debated in 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 Centre added nine states over the years have passed enactments seeking to contain forced religious conversion. These are Odisha, MP, Gujarat, Chhattisgarh, Jharkhand, Uttarakhand, UP, Karnataka and Haryana.