Prayagraj, May 19 — The Allahabad High Court has ruled that the Indian Constitution does not protect forced or fraudulent religious conversions, emphasizing the voluntary essence of religious freedom guaranteed under Article 25. The court was hearing a plea to quash an FIR registered under the Uttar Pradesh Prohibition of Unlawful Religious Conversion Act, 2021.
Justice Vinod Diwaker, delivering the May 7 verdict, refused to cancel the FIR filed against four individuals accused of attempting to convert people to Christianity by offering monetary inducements and free medical treatment.
Key Observations by the Court
In its detailed judgment, the court reaffirmed the scope of Article 25 of the Constitution, which grants the right to freely profess, practice, and propagate religion, subject to public order, morality, and health. However, it stressed that the use of the word "freely" indicates the voluntary nature of religious belief and practice.Justice Diwaker emphasized that such practices, if left unchecked, can pose a threat to the social fabric and communal harmony of the nation.“The Constitution does not endorse forced or fraudulent conversions, nor does it shield coercive or deceptive practices under the guise of religious propagation,” the court noted.
On Indian Secularism
The court warned against any presumption that one religion holds superiority over another, calling such beliefs “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 faiths,” the ruling said.
On the 2021 Anti-Conversion Law
Referring to the Uttar Pradesh Prohibition of Unlawful Religious Conversion Act, 2021, the court upheld the legislation as constitutionally sound. It noted that the law was designed to uphold public order and moral integrity, and aligns with Article 25’s reasonable restrictions.“The primary object of the Act is to prohibit conversions through misrepresentation, force, undue influence, coercion, allurement, fraudulent means or marriage for the sole purpose of unlawful conversion,” the court observed.
On Who Can File an FIR
A significant aspect of the ruling addressed whether a police officer could be considered an “aggrieved person” under Section 4 of the Act, which traditionally limits complaint rights to victims or their close relatives.The bench clarified that police officers, specifically the Station House Officer (SHO), are permitted to file FIRs under this Act, when read in conjunction with the provisions of the Bharatiya Nagarik Suraksha Sanhita, which allows police action in cognizable offences.