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Judiciary

Charity, good work can't be used for conversion: SC

By LawStreet News Network      06 December, 2022 12:02 AM      0 Comments
Charity, good work can't be used for conversion: SC

NEW DELHI: The Supreme Court on Monday once again expressed its serious concern over illegal conversions in the country, saying charity and good work cannot be used for this purpose.

"The purpose of charity should not be conversion; every charity or good work is welcome; but what is required to be considered is the intention," a bench of Justices M R Shah and C T Ravikumar said.

The court accepted belief is something else but allurement of any kind for the purpose of conversion is "dangerous".

The top court also rejected a contention on maintainability of PIL filed by Ashwini Kumar Upadhyay for taking measures to check illegal conversion or those carried out by fraudulent means.

"We are here to find a solution. Everybody has a right to chose one's religion but through allurement," the bench said.

Every charity, good work welcome, but purpose of charity cannot be conversion. If you believe that particular persons are to be helped, help them but it can't be for conversion but what is required to be considered is intention, the bench said.

Observing further, the bench said, Allurement is very dangerous. It is a serious issue and it is against the basic structure of our Constitution. When everyone stays in India they are required to act as per culture and harmony of India".

On a request by Solicitor General Tushar Mehta, the court fixed the matter for consideration on next Monday.

The court asked the Centre to file a detailed affidavit after obtaining information from States on anti conversion laws.

Senior advocate Arvind Datar appeared for Upadhyay. Senior advocates Sanjay Hegde and C U Singh represented the other sides.

During the hearing, Mehta submitted that there should be a neutral authority to decide on the issue of conversion. The counsel, opposing Upadhyay's plea claimed his similar petitions had earlier been withdrawn several times and instant one contained nothing but hyperbole.

The bench, however, said, we will not enter into question of maintainability.

On November 14, the court had asked the Centre to clarify its stand on steps taken to tackle the issue of forced religious conversion, saying it is a "very serious issue", and may affect the security of the nation and as well as freedom of citizens.

In its response, the Ministry of Home Affairs said it is cognisant of the gravity and the seriousness of the issue raised in the present writ petition.

"The reliefs sought in the present petition would be taken up in all seriousness by the Union of India and appropriate steps shall be taken as the central government is cognizant of the menace," it had asserted.

Maintaining that the right to freedom of religion does not include a fundamental right to convert other people to a particular religion, the Centre had backed the laws to check illegal conversion, saying those were necessary to protect "cherished rights of vulnerable sections of the society including women and economically and socially backward classes".



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