No fundamental right to convert, MHA tells Supreme Court

The Centre has told the Supreme Court that the right to freedom of religion does not include a fundamental right to convert other people to a particular religion.

It also backed the laws to check illegal conversion, saying those were necessary to protect "cherished rights of vulnerable sections of the society including women and economically and socially backward classes".

In a written reply to a PIL by advocate Ashwini Kumar Upadhyay against conversion by various means, the Ministry of Home Affairs said it is cognisant of the gravity and the seriousness of the issue raised in the present writ petition.

Also Read: 'Forced religious conversion very serious matter,' says Supreme Court

"The reliefs sought in the present petition would be taken up in all seriousness by the Union of India and appropriate steps shall be taken as the central government is cognizant of the menace," it asserted.

It also pointed out public order is a state subject and various States over the course of the years passed enactments seeking to curb the practices.

Nine state governments --- Odisha, Madhya Pradesh, Gujarat, Chhattisgarh, Jharkhand, Uttarakhand, Uttar Pradesh, Karnataka, and Haryana --- have already passed legislations on the subject.

Upadhyay sought a direction to the Union government to take steps against religious conversion by intimidation, threat, deceit, gifts and monetary benefits, or through other fraudulent means as it offended Articles 14, 21, and 25 of the Constitution. The plea claimed that if such conversions were not checked, Hindus would soon become a minority in India.

In response, the MHA said, “The right to freedom of religion does not include a fundamental right to convert other people to a particular religion. The said right certainly does not include the right to convert an individual through fraud, deception, coercion, allurement or other such means”.

The top court had on November 14 asked the Centre to clarify its stand, saying the issue of forced religious conversion is a "very serious issue", and may affect the security of the nation.