Women, children main target of religious conversion due to legal vaccum, SC told [Read WS]

NEW DELHI: The Supreme Court has been told that women and children are the main targets of foreign-funded religious conversion in the country as the Centre and state governments have failed to take appropriate steps to check it.

In a written submission, advocate Ashwini Kumar Upadhyay said that the legal vacuum on the issue has led to deployment of unethical predatory conversion strategies to convert socially and economically backward citizens.

A bench of Justices M R Shah and C T Ravikumar, which is hearing a plea against religious conversions, would take up the PIL by Upadhyay on December 12. 

On December 5, the top court had observed that religious conversion should not be the purpose of charity and forced religious conversion is a "serious issue" which is against the spirit of the Constitution.

In the written submissions, Upadhyay sought various reliefs including a review of the rules made under the FCRA (Foreign Contribution Regulation Act) for foreign-funded NGOs and individuals to curb alleged activities related to religious conversions.

The plea also sought stringent steps to control funding through hawala and other routes to further religious conversions.

He also sought a direction to the Law Commission of India to suggest suitable legislation and Guidelines to check unlawful fraudulent religious conversion.

His plea also sought a direction to the Centre and states to take steps to confiscate benami properties and disproportionate assets of persons and institutions involved in fraudulent religious conversion.

Petitioner submits that women and children are the main target of foreign funded missionaries and conversion groups but the Centre and the States have not taken appropriate steps to control religious conversion in the spirit of Article 15(3). The situation is alarming as many individuals and organizations are carrying mass conversion of socially and economically underprivileged and SCs-STs either by use of force or by allurement thus exploiting their poverty, it said.

According to the written submission, injuring or defiling a place of worship, deliberate and malicious act to outrage religious feeling, trespassing on a burial place or hurting religious sentiment etc are considered as offences related to religion.

However, religious conversion by intimidation, threats, luring through gifts, monetary benefits and by inducement; which are more serious offences relating to religion are not covered under Chapter-XV of the IPC, it said.

Wrongful religious conversion directly offends the right to life, liberty and dignity guaranteed under Article 21, it said.

But, due to a legal vacuum, unethical predatory conversion strategies are commonly used in Delhi to convert socially and economically backward citizens. One method is material enticement by which economic, educational, medical or social assistance is offered on the condition that the person converts; another is the denigration of the person's religion to make a new religion appear superiorPredatory proselytization tears apart the fabric of the communities where it occurs and has led to social disorder and unrest, it said.

In response to Upadhyay's PIL, the Centre had told the court it was collecting information from states on religious conversion through illegal means and sought time to furnish detailed information on the issue.

Observing that forced religious conversion is a very serious matter, the court had then said, the purpose of charity should not be conversion. Allurement is dangerous.

When senior advocate C U Singh on behalf of some organisation, had questioned the maintainability of the plea, the bench had said, "Do not be so technical. We are here to find a solution. We are here for a cause. We are here to set things right. If the purpose of the charity is good then it is welcome but what is required to be considered is the intention.

"Do not take it as adversarial. It is a very serious issue. Ultimately it is against our Constitution. When everyone stays in India, they have to act per the culture of India," the bench had observed.

In his plea, Upadhyay submitted that forced religious conversion is a nationwide problem which needs to be tackled immediately. "The injury caused to the citizens is extremely large because there is not even one district which is free of religious conversion by 'hook and crook'," the plea submitted.

"Incidents are reported every week throughout the country where conversion is done by intimidating, threatening, deceivingly luring through gifts and monetary benefits and also by using black magic, superstition, miracles but Centre and States have not taken stringent steps to stop this menace," said the plea filed through advocate Ashwani  Dubey. 

[Read Written Statement]