Constitution does not support forced or fraudulent conversion: Allahabad High Court

Allahabad High Court has observed that though the Indian Constitution gives every citizen the right to freely follow and spread their religion it does not support forced or fraudulent conversionsJustice Vinod Diwaker made the observation while rejecting a plea to cancel an FIR against four people accused under the Uttar Pradesh Prohibition of Unlawful Religious Conversion Act 2021According to the complaint the accused tried to convert people to Christianity by offering money and free medical careThe court refused to cancel the case stating that the charges were serious and valid enough for police investigationIn its judgment the court observed Indias constitutional framework guarantees the right to religious freedom under Article 25 This Article confers upon every person the fundamental right to freely profess practise and propagate religion subject to public order morality and health The use of the word freely in Article 25 underscores the voluntary nature of religious belief and expressionHowever the Constitution does not endorse forced or fraudulent conversions nor does it shield coercive or deceptive practices under the guise of religious propagation it addedThe court maintained that these limitations are essential to ensure that the exercise of religious freedom does not disrupt the societal fabric or endanger individual and communal wellbeingThe presumption that one religion is inherently superior to other clearly presupposes the moral and spiritual superiority of one religion over another Such notion is fundamentally antithetical to the idea of secularism Indian secularism is rooted in the principle of equal respect for all religions The state must neither identify with nor favour any religion but instead maintain a principled equidistance from all religions and faith the ruling saidCommenting on the 2021 Act prohibiting unlawful religious conversion brought in by the Uttar Pradesh government the court stated that it was enacted to maintain public order moral integrity and health in alignment with Article 25 of the ConstitutionThe primary object of the Act is to prohibit conversions from one religion to another that are carried out through misrepresentation force undue influence coercion allurement fraudulent means or marriage for the sole purpose of unlawful conversion By targeting such methods the law seeks to prevent exploitation and manipulation that could have broader destabilising effects on social harmony besides disruption of law and order the ruling saidThe May 7 judgment also looked into a legal issue as to whether a police officer can be considered an aggrieved person under Section 4 of the 2021 Act This section generally allows only the victim or close relatives to file a complaint The bench clarified that the station house officer can file such FIRs because the law must be read with the Bharatiya Nagarik Suraksha Sanhita provisions that allow the police to act in cognizable offencesThis story has been sourced from a third party syndicated feed agencies Midday accepts no responsibility or liability for its dependability trustworthiness reliability and data of the text Midday managementmiddaycom reserves the sole right to alter delete or remove without notice the content in its absolute discretion for any reason whatsoeveratOptionskeyd0ddb8ef8f1a62a8cdd22fac27fc5ea7formatiframeheight90width728params