Denying bail to a person accused of carrying out illegal conversion, the Allahabad High Court has observed that the Constitution grants citizens the right to freely profess, practice and propagate their religion but it “cannot be extended to construe a collective right to proselytise” or convert other people to one’s religion.
The order was passed by Justice Rohit Ranjan Agarwal 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.
Passing the order, the court opined 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 individual right to freedom of conscience and religion cannot be extended to construe a collective right to proselytize, which means attempting to convert others to one’s religion, according to the court.
“The right to religious freedom belongs equally to the person converting and the individual sought to be converted,” the court added.
It is alleged that, on February 15, 2024, the informant in the case was invited to the house of Vishwanath where many villagers mostly from the Scheduled Castes community had gathered. Vishwanath’s brother Brijlal, the applicant Shriniwas, and Ravindra were also present there.
