Person Above 18 Free to Choose Religion, SC Rules Out Plea Against Religious Conversions

New Delhi: The Supreme Court of India on Friday rejected a plea filed by BJP leader Ashwini Upadhyay against the practice of black magic, superstitious beliefs, and deceitful religious conversations.

The apex court of India did not entertain the plea stating that a person above the age of 18 has the liberty to practice the religion of their choice. The plea was in the nature of Public Interest Litigation (PIL) which seeks direction to address the centre and the states to control black magic, superstition, and religious conversions. 

The bench headed by Justice Rohinton Fali Nariman observed the plea and stated that there was "no reason why a person above 18 cannot choose his or her religion."

Justice Nariman, as he referred to Article 25 stated, "There is a reason why the word propagates is there in Indian Constitution."

BJP leader Ashwini Upadhyay who is the petitioner of the PIL then proceeded to withdraw the plea. He will redress his grievances to the Ministry of Law and the Law Commission for the enactment of the law. 

He contended by saying that deceitful religious conversion not only violates  Articles 14, 21, 25 but also violates the tenets of secularism, which is part of the basic structure of the Indian constitution. 

Petitioner states with dismay that the centre and the states have failed to control the menace of black magic, superstition, and deceitful religious conversions, though it is their duty under Article 51A, the plea stated. The plea also suggested to the centre to enact a law with minimum imprisonment for 3 years which can be extended up to 10 years with heavy fining. 

The Indian judiciary, behaving as an advisory body, has been granted the herculean task of safeguarding the basic tenets of the constitution and ensuring the protection of individual liberty. The independence of the judiciary allows it to make decisions outside the purview of political influences. 

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