“One day Majority Population would become Minority if Conversions at Religious gatherings continued”: HC

Minakshi Bindhani

1 year ago

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Justice Rohit Ranjan Agarwal made this observation while rejecting the bail plea of an accused under the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021.

"One day majority population would become minority if conversions at religious gatherings continued": HC — “One day majority population would become minority if conversions at religious gatherings continued”: HC

Uttar Pradesh: On Monday (1st July): The Allahabad High Court remarked that the country’s majority population could become a minority if religious gatherings aimed at conversions are not stayed.

Justice Rohit Ranjan Agarwal made this observation while rejecting the bail plea of an accused under the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021.

Advocate Saket Jaiswal represented the accused, while Additional Advocate General PK Giri and Additional Government Advocate Sunil Kumar represented the State.

The court was informed that the informant’s brother, along with several others from their village, was taken to Delhi for a “well-being” gathering where they were converted to Christianity.

In this context, the court stated that allowing such practices to continue could result in the majority population becoming a minority.

“If this process is allowed to be carried out, the majority population of this country would be in minority one day, and such religious congregation should be immediately stopped where the conversion is taking place and changing religion of citizen of India,” the court remarked.

The court also noted that while Article 25 of the Constitution of India provides for “freedom of conscience and free profession, practice, and propagation of religion,” it does not allow for conversion from one faith to another.

Article 25 (1) of the Indian Constitution states, “Subject to public order, morality and health and to the other provisions of this Part, all persons are equally entitled to freedom of conscience and the right freely to profess, practise and propagate religion.”

This means that all Indian citizens are entitled to the aforementioned rights provided that these do not contradict a public order, morality, health and other provisions.

Article 25 (2) of the Indian Constitution states, “Nothing in this article shall affect the operation of any existing law or prevent the State from making any law–

(a) regulating or restricting any economic, financial, political or other secular activity which may be associated with religious practice;

(b) providing for social welfare and reform or the throwing open of Hindu religious institutions of a public character to all classes and sections of Hindus.”

This means that the state can either condition the working of existing law(s) or make new law(s) so as to regulate and restrict financial, political, economical, or other secular activities associated with faiths. It further facilitates social welfare and reform or opening of Hindu religious institutions of a public character that is open to all sections and classes of Hindus.

“The word ‘propagation’ means to promote, but it does not mean to convert any person from his religion to another religion,” the court added.

Furthermore, the court observed that the “unlawful activity of conversion of people of SC/ST castes and other castes, including economically poor persons,” to Christianity is happening at a rapid pace throughout Uttar Pradesh.

Consequently, the court denied bail to the accused.

“This Court, prima facie, finds that the applicant is not entitled for bail. Hence, the bail application of applicant involved in the aforesaid case crime is, hereby, rejected,” the court ordered.

Case Title: Kailash v. State of UP

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