Forced religious conversions danger to national security: Supreme Court

New Delhi: Taking serious note of alleged incidents of religious conversion through deception, allurement and force, the Supreme Court on Monday said that if such proselytization is not stopped it will pose a danger to the security of the country as well as citizens' fundamental right to freedom of conscience as far as religion is concerned.

Terming forced religious conversion a 'very serious' issue, the Supreme Court on Monday asked the Centre to step in and make sincere efforts to check the practice. It also warned a 'very difficult situation' will emerge if forced religious conversions are not stopped.

The apex court was hearing a plea filed by advocate Ashwini Kumar Upadhyay seeking direction to the Centre and states to take stringent steps to control fraudulent religious conversion by "intimidation, threatening, deceivingly luring through gifts and monetary benefits". Solicitor-General Tushar Mehta said such conversions are rampant in tribal areas, "many a time the victims are not aware they are the subject matter of criminal offence and would say they are being helped".

"Then what is the government doing," asked the bench comprising Justices M R Shah and Hima Kohli. The SC has directed the Centre to file an affidavit by November 22 detailing steps taken against forcible conversion.

"This is a very serious matter. Sincere efforts are to be made by the Centre to stop forced conversions. Otherwise very difficult situation will come. Tell us what action do you propose....You have to step in. It is a very serious issue which affects security of the nation and freedom of religion and conscience. Therefore, it is better that Union of India may make their stand clear and file counter on what further steps can be taken to curb such forced conversion," the bench said.

Mehta submitted before the top court that the issue was debated even in the Constituent Assembly. "There were two Acts. One was by the Odisha government and other one by Madhya Pradesh dealing with regulation of any forcible conversion by deceit, falsehood or fraud, money. These issues came before this court for consideration and the top court upheld the validity," said the Solicitor General.

The top court observed there may be freedom of religion but there cannot be freedom of religion by forced conversion. "The issue with respect to the alleged conversion of religion, if it is found to be correct and true, is a very serious issue which may ultimately affect the security of the nation as well as the freedom of religion and conscience of the citizens.

"Therefore, it is better that the Union government may make their stand clear and file counter on what steps can be taken by Union and/or others to curb such forced conversion maybe by force, allurement or fraudulent means," the bench said in its order.

In his plea, Upadhyay had submitted that forced religious conversion is a nationwide problem which needs to be tackled immediately. "The injury caused to the citizens is extremely large because there is not even one district which is free of religious conversion by 'hook and crook'," the plea submitted.

"Incidents are reported every week throughout the country where conversion is done by intimidating, threatening, deceivingly luring through gifts and monetary benefits and also by using black magic, superstition, miracles but Centre and States have not taken stringent steps to stop this menace," said the plea.

The plea has also sought directions to the Law Commission of India to prepare a report as well as a Bill to control religious conversion by intimidation and through monetary benefits.