A petition has been filed in the Supreme Court seeking a direction to Centre and States to control black magic, superstition and religious conversion by intimidating, threatening, deceivingly luring through gifts and monetary benefits.
The petition filed by Advocate Ashwini Kumar Upadhyay says that religious conversion by “carrot and stick” and “by hook or crook” not only offends Articles 14, 21, 25, but is also against the principles of secularism, which is an integral part of the basic structure of the Constitution.
The petitioner states that the Centre and States have failed to control the menace of black magic, superstition and deceitful religious conversion, though it’s their duty under Article 51A.
The Petition highlights the following points for the Centre’s consideration to enact a legislation on this subject matter :-
- Injury caused to the public is extremely large because there is not even one district in the country that is free of black magic, superstition and religious conversion by the carrot and the stick. Incidents are reported every week throughout the country where conversion is done by intimidating, threatening, deceivingly luring through gifts and monetary benefits and by using black magic, superstition, miracles and hypocrisy but the Centre has not taken appropriate steps to stop these menaces of society.
- Centre-states are obligated under Article 46 to protect the SC/ST community from social injustice and other forms of exploitation. Undoubtedly, religious conversion by intimidating, threatening, deceivingly luring through gifts and monetary benefits and by using black magic and superstition is an injustice and exploitation.
- India is a Socialist, Secular, Democratic, Republic having a vast majority of followers of Hinduism, Islam, Christianity and other faiths. With reference to Human Rights, every individual is free to profess any religion of his choice. Article 25 secures religious freedom that “all persons are equally entitled to freedom of conscience and the right to freely profess, practice, and propagate religion subject to public order, morality and health.” Therefore, religious conversion by using miracles, superstition, black magic and hypocrisy is not protected under Article 25. Due to the inaction of Centre-States, many individuals, NGOs and institutions are involved in the conversion of poor people to other religions by intimidating, threatening, deceivingly luring through gifts and monetary benefits.
- Article 18 of the International Covenant on Civil-Political Rights (ICCPR) protects individuals from coercion that affects the freedom to choose religion. Article 18(2) States: “No one shall be subject to coercion which would impair his freedom to have or to adopt a religion or belief of his choice.” Article 18(3) states that: “Freedom to manifest one’s religion or beliefs may subject only to such limitations as are prescribed by law and are necessary to protect public safety, order, health, or morals or the fundamental rights and freedom of others.”
- The 1981 Declaration on the Elimination of All Forms of Intolerance and Discrimination based on Religion or Belief under Article 1(2) also states that: “No one shall be subject to coercion which would impair his freedom to have a religion or belief of his choice.”
- It is further stated that the situation is alarming as many individuals and organizations are carrying mass conversions of SC-STs in rural areas. The mass religious conversion of socially and economically underprivileged people, particularly those belonging to the SC-ST is on a steep rise for the last two decades. These organizations operate very smoothly targeting the socially and economically underprivileged sections particularly belonging to the SC-ST community.
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- The Petition further reads that the Centre may enact a Law on this subject matter with a minimum imprisonment of 3 years that may extend up to 10 years and a hefty fine may be imposed. Additionally, the Centre may empower the NHRC to deal with the affairs of religious groups and keep a check by carrying out an in-depth analysis of religious discrimination among them.