Introduction
Reaffirming constitutional safeguards, the Allahabad High Court has ruled that forced or fraudulent religious conversions are not supported by the Indian Constitution. The court emphasized that while Article 25 guarantees the right to religious freedom, it does not protect conversions achieved through coercion, fraud, or inducements.
Context of the Case
Justice Vinod Diwaker made the observation while dismissing a plea to quash an FIR filed under the Uttar Pradesh Prohibition of Unlawful Religious Conversion Act, 2021. The FIR named four individuals accused of attempting to convert people to Christianity using monetary incentives and promises of free medical treatment.
The court observed that these accusations were serious and warranted police investigation, thereby rejecting the request to cancel the case at this stage.
Constitutional Observations
The judgment reiterated the spirit of Article 25 of the Indian Constitution, which grants citizens the right to profess, practice, and propagate their religion. However, it also highlighted that this right is subject to public order, morality, and health.
“The use of the word ‘freely’ in Article 25 underscores the voluntary nature of religious belief and expression,” the court stated. It further added that fraudulent or coercive practices disguised as religious propagation are fundamentally incompatible with the secular framework of India.
For more on Article 25, visit the official India Legislative Department site.
On the 2021 Uttar Pradesh Law
The court defended the 2021 anti-conversion law, stating that it was enacted to protect public order and prevent manipulation or exploitation. The law aims to curb conversions obtained through:
- Misrepresentation
- Force
- Undue influence
- Coercion
- Allurement
- Fraudulent means
- Marriage used solely for conversion
Justice Diwaker remarked that such practices could disrupt social harmony and threaten the stability of society if left unchecked.
Police as Aggrieved Parties
The court also addressed whether a Station House Officer (SHO) could file a complaint under Section 4 of the Act, which typically permits only victims or their relatives to do so. The bench ruled that police can indeed file FIRs in such cases, as religious conversion involving coercion qualifies as a cognizable offence under broader criminal law frameworks like the Bharatiya Nagarik Suraksha Sanhita.
Conclusion
This ruling reinforces India’s secular ethos by clarifying that religious freedom must remain voluntary and free from manipulation. While the right to propagate one’s faith is protected, any coercion or inducement undermines the core principles of the Constitution.
For more insights on Indian legal reforms, read our detailed guide on India’s Anti-Conversion Laws and the implications of Article 25 on religious freedom.
