Allahabad HC's General Observations On Religious Conversions & 'Majority Becoming Minority' Were Uncalled For: Supreme Court- sets aside Allahabad HC order on conversion

LIVELAW NEWS NETWORK, 28 Sept 2024 :  The Supreme Court has expressed disapproval of the general observation made by the Allahabad High Court that if conversions in religious congregations were not stopped, India's majority population would become in minority.

The Supreme Court observed that "the general observations made by the High Court had no bearing on the facts of the present case and were, therefore, not required for the disposal of the case."

"The observations, therefore, shall not be cited in any other case or proceeding in the High Court or in any other Court," said the bench comprising Chief Justice of India DY Chandrachud and Justice Manoj Misra while granting bail to a person accused in a case under the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021.

On August 27, the Supreme Court had granted interim bail to the accused, considering the fact that he had been under custody since May 21, 2023. Yesterday, the Court confirmed the interim bail.

The observations were made by the Allahabad High Court in its order passed on July 1 while denying bail to a man who was accused of taking people from his village to a social gathering in Delhi to convert them to Christianity.

Justice Rohit Ranjan Agarwal of the High Court observed, "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."

Senior Advocate Siddharth Aggarwal appeared for the petitioner.

Additional Advocate General Garima Prashad appeared for the State.

In its brief order, the bench clarified that the high court’s general remarks had no relevance to the specific facts of the case and were not necessary for its resolution.

The Hindu : The Supreme Court on Friday set aside a controversial observation made by the Allahabad high court, which had stated that the majority population in the country could become a minority if religious congregations promoting conversions were not stopped.

A bench led by Chief Justice of India Dhananjaya Y Chandrachud remarked that the observation of the high court was “uncalled for” and should be expunged.

“We clarify that the general observations made by the high court had no bearing on the facts of the present case and were, therefore, not required for the disposal of the case. The observations, therefore, shall not be cited in any other case or proceeding in the high court or in any other court,” directed the bench, also comprising justices JB Pardiwala and Manoj Misra.

The bench passed the order while granting bail to Kailash, who was charged under the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act and Section 365 of the Indian Penal Code (kidnapping or abducting with intent to secretly and wrongfully confine a person).

The court granted bail to Kailash, noting that he had been in custody since May 21, 2023, and the charge sheet had been submitted on July 19, 2023. In its brief order, the bench clarified that the high court’s general remarks had no relevance to the specific facts of the case and were not necessary for its resolution.

The high court, on July 2, while considering Kailash’s bail plea, had made remarks about allegations that he had been taking individuals from Hamirpur, Uttar Pradesh, to a religious congregation in Delhi for conversion purposes. It had warned that if such activities were allowed, the country’s majority population could become a minority. It had also denied Kailash bail, stating that such conversions violated the Constitution, which guarantees “freedom of conscience and free profession, practice, and propagation of religion.”

The high court had further observed that it had noticed several cases where conversions of individuals from Scheduled Castes, Scheduled Tribes and economically disadvantaged groups to Christianity were occurring at a rapid pace across Uttar Pradesh.