By Matters India Reporter
New Delhi, Sept 6, 2023: The Supreme Court on September 6 dismissed a public interest litigation (PIL) seeking directions to the federal government to take steps against fraudulent religious conversions, specifically with respect to Hindus and minors
Bharti Tyagi, the lawyer who appeared for the petitioner with a Christian name, Jerome Anto, asserted that Hindus and minors were being targeted in such religious conversions.
A bench of Chief Justice of India D Y Chandrachud as well as Justices J B Pardiwala and Manoj Misra, however, questioned the nature of the PIL and expressed reservations about the increasing use of the PIL jurisdiction for issues that may not fall within the court’s purview, reports barandbench.com.
“If there is a live challenge and someone is prosecuted, we can entertain. But what kind of PIL is this? PIL has become a tool and everyone is coming up with petitions like these,” the court remarked.
It further asked, “Why should the court enter into this thicket? How can the court issue a writ of mandamus to the government?”
The lawyer, in turn, asked the apex court which forum they should approach with the plea, as Hindus and minorities are being converted “fraudulently.”
On being argued where the petitioner should go with this kind of grievance, the bench said, “We are not in advisory jurisdiction. (The plea is) Dismissed.”
The PIL had made the federal government and all the states as parties and sought a direction from the top court to curb the religious conversion.
It said “fraudulent religious conversion and religious conversion by intimidation, threatening, deceivingly luring through gifts and monetary benefits offend Articles 14 (right to equality), 21 (protection of Life and Personal Liberty) and 25 (freedom to practice and propagation of religion) of the Constitution.”
It also sought a direction to the federal government and the states to take stringent steps to control such conversions.
“Alternatively, the court may be pleased to direct the Law Commission of India to prepare a report as well as a Bill to control ‘Deceitful Religious Conversion’ within three months in spirit of Articles 14, 21 and 25,” it said.
On a related note, a PIL filed by Bharatiya Janata Party (BJP) leader and advocate Ashwini Kumar Upadhyay against forced religious conversion is presently pending before the top court.
The plea by Upadhyay was earlier being heard by a bench led by Justice M R Shah (now retired) before it was shifted to the CJI-led bench.
Meanwhile, petitions challenging laws against religious conversions in different states are also pending before the court. In January this year, the Supreme Court directed that a single common transfer petition be filed to transfer similar petitions pending before various High Courts to the apex court.
The Supreme court is becoming more prudent and justice oriented
It’s high time all people all over the country challenge the arbitrary anti-conversion laws in different States in the country. Challenge them. Such laws go against the will of the people. All false propaganda must be examined and punished all hate propagators aiming at dictatorial rule. This must be stopped at all costs
Religious conversions done by Hindus must be challenged. They are going against the constitution of the country and common sense of human beings.
The Supreme Court’s strong reprimand to the petitioner is a forerunner of things to come in the petitions (pending before the Court) challenging the arbitrary anti-conversion laws in different states.