The Madhya Pradesh High Court temporarily stayed coercive action against a school peon transferred over religious conversion and alleged influence on others. Justice Vijay Kumar Shukla noted the Block Education Officer lacks authority to transfer a Class IV employee.
The Madhya Pradesh High Court temporarily stayed any coercive measures against a school peon who was recently transferred due to his religious conversion and allegations of attempting to influence others to convert as well.
Justice Vijay Kumar Shukla acknowledged the argument that the Block Education Officer lacks the authority to transfer a Class IV employee. The Court requested the government to respond to the appeal contesting the transfer and, in the meantime, has stayed the action.
The Court ordered,
“Till then no coercive action shall be taken against the petitioner for not joining at the transferred place. List on 16.10.2025,”
Shailendra Kumar Farend, also known as Shailesh, who works as a peon at Government Higher Secondary Sultanpur, was reassigned to the Sardapur Block Education Office on September 30 based on allegations that he had converted to Christianity and was enticing other Hindus to do the same by offering financial incentives.
In challenging the transfer, his legal representative argued that the action was taken without any departmental inquiry or seeking an explanation from Farend. It was also contended that the order stemmed from a politically motivated complaint by the village sarpanch and deputy sarpanch.
Religious conversion refers to the act of changing one’s religion voluntarily or under influence, pressure, or inducement.
In India, freedom of religion is a fundamental right under Article 25 of the Constitution, which gives every citizen the right to freely practice, profess, and propagate religion.
However, this freedom comes with restrictions, especially when conversion is through force, fraud, or inducement.
2. Constitutional Provisions
- Article 25: Right to freedom of religion.
- Every person can freely profess, practice, and propagate religion.
- Subject to public order, morality, and health, and laws relating to fundamental rights.
- Article 26: Freedom to manage religious affairs.
- Article 14: Equality before law applies to conversions (no arbitrary discrimination).
- Article 21: Right to life includes the right to freely practice religion without coercion.
Furthermore, it was pointed out that Farend belongs to the Scheduled Caste category and as a Class IV employee, his transfer requires authorization from higher authorities.
The counsel argued,
“As per the rules of the Madhya Pradesh government, prior permission from the Collector or the relevant Minister is mandatory for the transfer of such employees,”
The Court concurred, stating that no action should be taken against the petitioner for the time being.
The case is scheduled for further discussion on October 16.
Advocate Murtuza Bohra represented the petitioner, while Advocate Rajwardhan Gawde appeared for the State.
While an individual has the right to convert to another religion voluntarily, Indian law strictly prohibits conversions carried out through force, coercion, fraud, or inducement.
Conversions obtained by physical threats, deception, or offering money, gifts, or other benefits are illegal. The Indian Penal Code (IPC) provides indirect safeguards against such practices.
For instance, Section 295 penalizes acts that injure or insult religious beliefs, Section 296 addresses disturbance of religious assemblies, Section 298 criminalizes deliberate speech intended to wound religious feelings, and Section 153A punishes actions that promote enmity between different religious groups.
Case Title: Shailendra Kumar Farend v The Block Education Officer