The Delhi High Court on Friday expressed its disinclination to entertain a PIL seeking directions to the Centre and the Delhi Government to take stringent steps prohibiting forced religious conversion, on the ground that the plea lacks cogent data to support the claim and is rather based on information obtained from social media.
The Division Bench comprising Justice Sanjeev Sachdeva and Justice Tushar Rao Gedela, while refusing to issue notice in the petition at present, orally remarked that the court needs to be satisfied that there is some basis to issue notice in the matter.
The instant petition has been filed by BJP leader and practising Advocate Ashwini Kumar Upadhyay alleging that the government has failed to control the menace of religious conversion using intimidation, threats and luring through gifts and monetary benefits, black magic and superstition.
The plea states that forced religious conversion by “the carrot and the stick” and “by hook or crook” not only offends Articles 14, 15, 21, 25 of the Constitution, but is also against the principles of secularism, which is integral part of the basic structure of Constitution.
“Presently, religious conversion by intimidating, threatening and deceivingly luring through gifts and monetary benefits is an offence in Ghaziabad but not in adjoining East Delhi. Similarly, religious conversion by using black magic and superstition is an offence in Gurugram but not in adjoining West Delhi. It not only violates Articles 14 but is also contrary to principles of secularism and rule of law, which are basic structure of the Constitution,” states the plea.
During the course of hearing, Upadhyay argued that the capital has become a hub for deceitful religious conversions.
At this point, the Bench inquired about the material basis for raising the alleged issue. “Where are the statistics? Who’s being converted? Anybody who’s being converted, comes forward to complain?” said Justice Sachdeva.
Upadhyay responded that there is data available on social media to substantiate the claim of forced religious conversions taking place throughout the country.
“Social media is not data. We have instances of photographs being morphed. Some incidents being shown that this is something which has happened, but it turns out that happened somewhere in some other country twenty years ago and that photograph is shown as happening yesterday or today,” said the Bench expressing its dissatisfaction.
The Bench further remarked that conversion is a constitutional right and not prohibited in the country. “It is the right of an individual to profess any religion, religion of his birth or religion that he chooses to profess. That’s the freedom that our Constitution grants,” said the Bench emphasizing that there is no such thing as “fraud” in religion and that if a person is coerced into converting, it is that person’s prerogative.
The Bench made it clear that it does not, for a moment, comment upon Upadhyay’s bonafides, but for the court to entertain the instant petition involving an issue of greater ramification, it first has to be satisfied that there is some basis to issue notice. The matter has been deferred to July 25 for further hearing.