Allahabad High Court: In a bail application seeking bail for offences under Section of the (‘IPC’) and Section read with Section of the , during the pendency of trial, Rohit Ranjan Agarwal, J., said that in several cases unlawful activity of conversion of people of SC/ST castes and other castes including economically poor people into Christianity is happening at a rampant pace throughout the Uttar Pradesh. Thus, the Court denied bail to the accused.
Background:
The Brother of the informant was taken by the accused from Hamirpur to Delhi for attending social gathering and ceremony for the well-being. According to the FIR, many persons from the said village were taken to social gathering and were converted into Christianity. The accused had promised the informant that her brother who was suffering from mental illness will be treated, and shall be returned to his native village, within a week. When her brother did not return after a week; she asked the accused; however, he did not give any satisfactory reply.
The accused submitted that the brother of the informant was not converted into Christianity, nor he is Christian. He had attended the gathering of Christian faith and well-being along with several other persons. Further, the person who was holding such a gathering has already been enlarged on bail.
Analysis and Decision:
The Court reiterated that Article of the provides for Freedom of conscience and free profession, practice, and propagation of religion, but it does not provide for conversion from one faith to another faith.
The Court said that the word “Propagation” means to promote, but it does not mean to convert any person from his religion to another religion.
The Court noted that there are serious allegations against the accused by the informant that her brother and other persons from the village were taken away from the village to attend the gathering of well-being at New Delhi, and they were converted into Christianity.
The Court remarked that “if this process is allowed to be carried out, the majority population of this country would be in minority one day, and such religious congregation should be immediately stopped where the conversion is taking place and changing religion of citizen of India.”
The Court said that it is against the Constitutional mandate of Article of the which does not provide for religious conversion, it only provides freedom of conscience and free profession, practice and propagation of religion.
The Court also noted that in several cases unlawful activity of conversion of people of SC/ST castes and other castes including economically poor persons into Christianity is being done at rampant pace throughout the State of Uttar Pradesh.
Thus, the Court denied bail to the accused.
[Kailash v. State of UP, Criminal Misc. Bail Application No. 19442 of 2024, decided on 01-07-2024]
Advocates who appeared in this case:
Counsel for Applicant: Advocate Saket Jaiswal
Counsel for Opposite Party: Government Advocate
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