[Religious Conversion Remarks Row] ‘Inappropriate’ Remarks Should Not be Used in Any Other Case: SC Expunges Allahabad High Court Ruling

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The Supreme Court stated, “Such general remarks should not be used in any other case,” while granting bail to the accused, who had previously been denied bail by Justice Rohit Ranjan Agarwal of the High Court on July 1.

NEW DELHI: On Friday (27th Sept): The Supreme Court expunged remarks made by the Allahabad High Court, which suggested that the majority population in India could eventually become a minority if religious congregations that facilitate conversions are not curtailed.

The bench comprising Chief Justice of India DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Mishra, who deemed the High Court’s comments ‘inappropriate’ given the bail proceedings.

The Supreme Court stated, “Such general remarks should not be used in any other case,” while granting bail to the accused, who had previously been denied bail by Justice Rohit Ranjan Agarwal of the High Court on July 1.

The High Court had made detailed observations regarding religious conversion and its perceived effects on the majority population. During the hearings, it was revealed that the informant’s brother was taken from his village to attend a “well-being” gathering in Delhi, where he, along with several others from the village, was reportedly targeted for conversion to Christianity.

In this context, the High Court commented that if such practices continue, the majority population could eventually become a minority.

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

Justice Rohit Ranjan Agarwal noted that Article 25 of the Constitution of India guarantees “freedom of conscience and the free profession, practice, and propagation of religion,” but it does not permit conversion from one faith to another.

He explained that while the term “propagation” implies promoting one’s faith, it does not entail converting someone from their religion to another. The Supreme Court later expunged these remarks on Friday.

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.

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