Plea In Supreme Court Seeks Direction To Centre, States To Control Black Magic, Superstition And Forceful Conversion
(Judicial Quest News Network)
A petition has been filed in Supreme Court seeking direction to Centre and States to Control black magic, superstition and religious conversion by intimidating, threatening, deceivingly luring through gifts and monetary benefits.
The petition is filed by Advocate Ashwini Kumar Upadhyay (AOR)
It is submitted in the petition that religious conversions by “carrot and stick” and by hook or crook” not only offends Articles 14, 21, 25 but is also against the principles of secularism, which is an integral part of the basic structure of the Constitution.
It is necessary to state that the Centre is empowered to make special provisions for the benefit of women and children under Article 15(3) and freedom of conscience, free profession, practice & propagation of religion under Article 25 is subject to public order, morality, health and provisos of Part-III, Moreover, directive principles are affirmative instructions to the centre to secure social, economic and political justice, Liberty of thought, expression, belief, faith and worship, equality of status and opportunity and promote among them fraternity, assuring the dignity of individual unity and integrity.
The petitioner relied upon the Sarla Mudgul Case (1995) 3 SSC6 635, whereby directions were issued to the Centre to ascertain the feasibility of enacting an Anti-Conversion Law.
The plea further avers that Article 25 secures religious freedom that “all persos are equally entitled to freedom of conscience and the right to freely profess, practice, and propagate religion subject to public order, morality and health. “ Thus it is crystal clear that religious conversion by using miracles, superstition, black magic and hypocrisy is not protected under Article 25.
The Petition highlights the following points for the Centre’s consideration to enact legislation on this subject matter:-
Injury caused to the public is extremely large because there is not even one district in the country that is free of black magic, superstition and religious conversion by the carrot and stick. Incidents are reported every week through the country where conversion is done by intimidating, threatening, deceivingly luring through gifts and monetary benefits and by using black magic, superstition, miracles and hypocrisy but Centre has not taken appropriate steps to stop these menaces of society.
Centre-State is obligate under Article 46 to protect the SC/ST community from social injustice and other forms of exploitation.
India is a Socialist, Secular, Democratic, Republic having a vast majority of followers of Hinduism, Islam, Christianity and other faiths. With reference to Human Rights, every individual id frees to profess any religion of his choice.
Article 18 of International Covenant on Civil-Political Rights (ICCPR) protects individuals from coercion that affects freedom to choose religion. Article 18(2) States: “No one shall be subject to coercion which would impair his freedom to have or to adopt a religion or belief of his choice.” Article 18(3) states that: “Freedom to manifest one’s religion or beliefs may subject only to such limitations as are prescribed by law and are necessary to protect public safety, order,
The 1981 Declaration on the Elimination of All Forms of Intolerance and Discrimination based on Religion or Belief under Article 1(2) also states that: “No one shall be subject to coercion which would impair his freedom to have a religion or belief of his choice.” The 1981 declaration, passed by the UN General Assembly carries a significant influence as it is entirely devoted to religious freedom.
It is further stated that the situation is alarming as many individuals and organizations are carrying mass conversions of SC-STs in rural areas. The mass religious conversion of socially and economically under privileged people, particularly belonging to the SC-ST is on a steep rise for the last two decades. These organizations operate very smoothly targeting the socially and economically underprivileged sections particularly belonging to the SC-ST community.
