New Delhi: The Supreme Court on April 9 said people are free to choose their own religion, even as it lashed out at a “very, very harmful kind” of “public interest” petition claiming there is mass religious conversion happening “by hook or by crook” across the country.
Instead, a Bench led by Justice Rohinton F. Nariman said people have a right under the Constitution to profess, practice and propagate religion.
“Why should a person above 18 years not choose his religion? What kind of a writ petition is this? We will impose heavy costs on you… Withdraw it or argue and risk the consequences,” Justice Nariman asked petitioner-advocate Ashwini Kumar Upadhyay.
Justice Nariman reminded Upadhyay of the fundamental right under Article 25 of the Constitution to freely profess, practice and propagate religion, subject to public order, morality and health. “Why do you think there is the word ‘propagate’?’” Justice Nariman asked the petitioner.
Religious conversion is being done through a “carrot-and-stick” approach, Uapdhyay had claimed in his petition.
Justice Nariman said every person is the final judge of their own choice of religion or who their life partner should be. Courts cannot sit in judgment of a person’s choice of religion or life partner.
Religious faith is a part of the fundamental right to privacy.
Justice Nariman reminded Upadhyay of the Constitution Bench judgment which upheld inviolability of the right to privacy, equating it with the rights to life, of dignity and liberty.
Upadhyay’s petition was dismissed as withdrawn. His plea to approach the Law Commission or the High Court with the plea was not expressly allowed by the Bench.
The petition alleged that the court should direct the federal and the state governments to control black magic, superstition and religious conversion being done through threats, intimidation or bribes.
“There is not even one district which is free of black magic, superstition and religious conversion… Incidents are reported every week throughout the country where conversion is done by intimidating, threatening, luring through gifts and monetary benefits,” the petition had alleged.
Further, the petition said the federal and state governments were obligated under Article 46 to protect the SC/ST community from social injustice and other forms of exploitation.
Source: thehindu.com
Every fair minded person whichever religion he belongs to believe in freedom of thought, freedom of choosing / accepting his dress,food,religion when there is no force or deception . If one is forced or deceived to accept anything including religion or customs or lifestyle etc ,it is illegal and laws exist to deal with the offenders. So what is speciality for religion is not clear at all. If one person, say even Narendra Modi wishes to accept a different religion, how it can be illegal or immoral? The Indian Constitution permits religions ,religious worship and life and even propagation of the same. We read the latest news about forced conversion of young Hindu girls in Pakistan. There are some cases of Christian girls too. We are more enlightened and so our constitution makers made it clear about the freedom of individuals. The blasphemy laws in Pakistan is enacted with a view to harassing Hindus and Christians in Pakistan. Should we have similar laws to hurt and harass Muslims and Christians ? Let us build up and strengthen our nation without hatred and divisiveness. All are children of the same God though people follow their own way
Evangelization is the misunderstood word by non-Christians. It is the annunciation of the Good News of Jesus and denunciation of evils in the society such as poverty, injustice, casteism, untouchability, enslavement of women, Dalits, Tribals and Adivasis.
Conversion is the work of God and not human beings. Justice Nariman rightly observed “Every person is the final judge of their own choice of religion or who their life partner should be.”
Patronising attitude of the so called dominant castes preventing the Dalits, Tribals and Adivasis to choose their own religion reveals the arrogance of the dominant castes that these marginalised groups are not capable of choosing what is best for them. Moreover they have their own religious beliefs. We cannot group them as “Hindus.”
We need to publicise this judgement and challenge the anti-conversion laws.
Such Publicity Interest Litigations are not to be take lightly, some of the right wing clowns wait for such an arguments in the coming days, and more are going to be taken up as major issues which might lead to saying yes such things happening..! They will quote , there is no smoke without fire..!
Our leaders need to wake up to such challenges which would snow ball into judging and proving ‘myths as History’…! Our little kingdoms with the little kings in the fortified shelters need to shake up and face such real challenges..! I am afraid, most of our precisions time is spend on trivial things of administration and protecting seats..!!