Allahabad High Court's Stand on Religious Conversions: Kailash v. State of UP

Author : Apoorva Goyal

Posted on : 02,Jul,2024

Allahabad High Court's Stand on Religious Conversions: Kailash v. State of UP

The Allahabad High Court made significant remarks on religious conversions during a bail hearing under the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021. Justice Rohit Ranjan Agarwal expressed concerns that if religious gatherings aimed at converting individuals are not regulated, India's majority population could dwindle into a minority. This statement came as the court denied bail to a party accused of transporting villagers to Delhi for conversion to Christianity.

The court emphasized that while Article 25 of the Indian Constitution guarantees the right to practice any religion, it does not permit forced conversions. Justice Agarwal highlighted the prevalence of unlawful conversions in Uttar Pradesh, particularly among SC/ST and economically disadvantaged communities, clarifying that spreading religion does not equate to converting individuals. The judge underscored the severity of the charges by rejecting the bail application.

The "Freedom of Religion Acts," or anti-conversion laws, are state-level legislation in India designed to prevent coerced or fraudulent religious conversions. These laws impose penalties for non-compliance and require individuals planning to convert, as well as religious leaders executing conversions, to notify the government. Notable examples include laws in Madhya Pradesh, Odisha, and Uttar Pradesh.

Critics argue that while these laws aim to safeguard religious freedom, they may infringe upon individual rights and potentially escalate community tensions. Legal precedent, such as the Supreme Court's affirmation of their constitutionality in cases like Rev. Stanislaus v. State of Madhya Pradesh (1977), continues to influence ongoing debates and legal challenges surrounding these laws.

The future direction of these laws, including how they balance individual rights with societal needs, will be shaped by future judicial decisions and public discourse.


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