Kareena Eugene

Supreme Court stated that people above 18 years of age are free to choose a religion of their choice. This happened as it refused to entertain a plea by the Centre and the State giving directions to ban black magic and religious conversions.

The Bench headed by Justice F Nariman and consisting of B.R Gavai and Hrishikesh Roy saw that the plea was in the form of a public interest litigation and further stated that ‘There is no reason why a person above 18 years of age cannot choose their religion’.

They further stated, “What kind of writ petition is this under Article 32. We will impose a heavy cost on you. You argue on your own risk”.

They further added, “There is a reason why the word ‘propagate’ is there in the Constitution”.

Senior Advocate Gopal Sankaranarayanan, representing BJP leader Ashwani Upadhyay, then took the liberty of withdrawing this petition and sought for permission to make representation to the government and the law commission.

The SC dismissed the petition by saying, “no we cannot grant you this permission”.

The plea filed by Mr. Ashwani Upadhyay has also sought for directions to ascertain the feasibility of appointing a Committee to enact ‘Conversion of Religion Act’ to check the “Abuse of religion”.

Religious conversions by threatening and motivating is not only against the Articles 14, 21 and 25 of the Indian Constitution but is also against the very principles of secularism.

The plea filed through Advicate Ashwanu Kumar Dubey read that, “Petitoner states with dismay that the Centre and the States have failed to control the menace of black magic, superstition and deceitful religious conversions, though it is their duty under Article 51A”.

The plea also mentioned that since the government had failed to take any proper actions against the plea, the Centre may enact a law with minimum punishment of imprisonment for three year that may extend up to 10 years with a heavy fine.