Referring to forceful conversion in India as a “very serious issue”, the Supreme Court on Monday asked the Centre to file an affidavit by November 22 on its stand and detail the steps it is going to take in order to prevent conversion “by force, allurement or fraudulent means”.
Hearing a plea filed by BJP leader Ashwini Upadhyay, the top court observed that if the claims are found to be true then it may “ultimately affect the security of the nation as well as the freedom of religion and conscience of the citizens”.
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The bench, comprising Justices MR Shah and Hima Kohli, observed that while there is freedom to practice religion, there is no freedom to convert someone forcibly.
Asking the Union government to furnish a detailed affidavit on the steps taken to curb the menace so far, the apex court stated that even though conversion is allowed in the Constitution, forceful conversion isn’t.
In reply, Union’s legal counsel Solicitor General Tushar Mehta stated there were certain laws in place in states like Madhya Pradesh and Odisha, the validity of which were upheld by the Supreme Court itself.
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SG Mehta cited several examples from the tribal belt where people were lured with rice and wheat in order to convert to which the Supreme Court asked the Centre to immediately step in.
In the plea, the petitioner has stated forcible conversion is not only against the fundamental rights likes Articles 14, 21, 25 of the Constitution but is also against the principles of secularism, considered in the basic structure of the Constitution, claiming that the central government has failed to act against such menace.
