Right to religious freedom isn't for conversions: Allahabad High Court

New Delhi: While rejecting the bail application of a person, facing different charges, including converting a girl to Islam, the Allahabad High Court recently observed the basic object and reason of the enforcement of the UP Prohibition of Unlawful Conversion of Religion Act, 2021, was to guarantee religious freedom to all persons which reflects the social harmony and spirit of India. The objective of this Act was to sustain the spirit of secularism in India.

"The Constitution confers on each individual the fundamental right to profess, practice and propagate his religion. However, the individual right to freedom of conscience and religion cannot be extended to construe a collective right to proselytise, the right to religious freedom belongs equally to the person converting and the individual sought to be converted," a bench of Justice Rohit Ranjan Agarwal, who heard the matter, stated in his order.

In his order, the bench of Justice Agarwal also mentioned that according to the Constitution, the State has no religion, and all religions are equal before the state, and no religion shall be given preference over the other. All persons are free to preach, practice and propagate any religion of their choice.


The petitioner, Ajeem, is accused in a case registered under Sections 323, 504, 506 of the IPC and Sections 3/5(1) of the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021. The case number 223 of 2024 registered with Police Station Kotwali of Badaun district.

As per the prosecution story, the applicant had made videos of the informant and was blackmailing her.