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Right to Freely Practice Religion Doesn't Give Right to Convert Others: Allahabad HC

The court observed that the individual right to freedom of conscience and religion cannot be extended to construe a collective right to attempt to convert others to one's religion.
Allahabad high court. Photo: vroomtrapit/Wikimedia Commons. CC0 1.0

New Delhi: The Allahabad High Court has observed that while the Constitution grants the right to freely practice their religion, it “cannot be extended to construe a collective right to proselytise” or convert other people to one’s religion.

The court made the observation while denying bail to a person allegedly carrying out illegal conversions, reported the Press Trust of India.

Justice Rohit Ranjan Agarwal passed the order while rejecting the bail plea of Shriniwas Rav Nayak of Maharajganj who was booked under sections 3 and 5 (1) of the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021.

In its order, the court said that the individual right to freedom of conscience, as guaranteed by the Constitution, ensures that every person has the liberty to choose, practice, and express their religious beliefs.

However, the court observed that the individual right to freedom of conscience and religion cannot be extended to construe a collective right to attempt to convert others to one’s religion.

“The right to religious freedom belongs equally to the person converting and the individual sought to be converted,” the court added, reported PTI.

In recent years, the BJP, which is in power in the Centre, has consistently supported stricter regulations for alleged religious conversions with the states being governed by the saffron party passing anti-conversion laws.

Activists and the civil society have often flagged the persecution and harassment of minority communities over the pretext of anti-conversion laws.

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