Allahabad HC says right to freedom of religion not right to convert others

The right to freedom of religion is a fundamental aspect of individual liberty, and any unlawful conversion undermines this right. The Allahabad High Court denied bail to an individual accused of illegal conversion. Justice Rohit Ranjan Agarwal issued the order while denying bail to Shriniwas Rav Nayak from Maharajganj, who faces charges under sections 3 and 5 (1) of the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021. In his ruling, the judge emphasized that the constitutional right to freedom of religion grants individuals the liberty to choose, practice, and express their religious beliefs.

According to Bar and Bench sources, the court remarked, “The Constitution confers on each individual the fundamental right to profess, practice, and propagate his religion. However, the individual right to freedom of conscience and religion cannot be extended to construe a collective right to proselytise ; the right to religious freedom belongs equally to the person converting and the individual seeking to be converted.”

The allegations further reveal that, on February 15, 2024, the complainant was called to the house of Vishwanath, who resides in the village, and most of such visitors were from the Scheduled Caste. Other attendees included Brijlal, Shriniwas (the applicant for this case), and Ravindra. According to the allegations, they sought to convince the complainant to abandon Hinduism and convert to Christianity, ensuring happiness, freedom from suffering, and a happier life. Some villagers left for Christianity and started praying, but the complainant ran away and reported the matter to the police.

The Role of Shriniwas in the Alleged Conversion

Shriniwas’s counsel stated that his client was not involved in the alleged conversion and was just engaged as a helper by one of the accused, who hails from Andhra Pradesh. The defense also argued that Shriniwas was merely an accused in the case. Further, the defense said that none of those people who had been accused of having been indoctrinated into Christianity brought any case against the defense.

However, the state counsel purged that the applicant was implicated under the 2021 anti-conversion law, and it asserted that there was enough proof for the same. The counsel stated that the applicant was present in Maharajganj during the occasion on which the conversion was alleged to have taken place and was directly engaging in the process of changing people’s religion or faith from one type to another, which was criminal under the law.

The court stated, “The Constitution clearly envisages and permits its citizens right to freedom of religion with respect to their professing, practicing, and propagating their religion. It does not allow or permit any citizen to convert any citizen from one religion to another religion.”

Previous Court Observations on Religious Conversions

The Court made similar observations in an order issued on July 2. The court stated, “If this process is allowed to be carried out, the majority population of this country would be in minority one day, and such religious congregations should be immediately stopped where the conversion is taking place and changing the religion of citizens of India.”

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