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The apex court refused to entertain a plea seeking government control over religious conversions and black magic.

The distant view of Supreme CourtFile image/PTI
news Legal Friday, April 09, 2021 - 13:06

The Supreme Court on Friday stressed that persons above 18 years of age are free to choose their religion. The observation was made as it refused to entertain a plea seeking directions to the union and state governments to control black magic and religious conversion.

A bench of Justices RF Nariman, BR Gavai and Hrishikesh Roy said, “What kind of writ petition is this under Article 32. We will impose a heavy cost on you. You argue at your own risk,” as senior advocate Gopal Sankaranarayana appeared for petitioner advocate Ashwini Upadhyay.

The bench said there is no reason why a person above 18 can't be allowed to choose his religion. It further told Sankaranarayana, "There is a reason why the word propagate is there in the Constitution".

Sankaranarayanan then sought liberty to withdraw the petition and permission to make representation to the government and the law commission.

The bench also refused to grant permission to a representation to the law commission and said, no we can't grant you this permission .

It dismissed the petition as withdrawn.

The plea filed by Upadhyay has also sought directions to ascertain the feasibility of appointing a committee to enact a Conversion of Religion Act to check the abuse of religion .Religious conversion by 'carrot and stick' and by 'hook or crook' not only offends Articles 14, 21, 25, but is also against the principles of secularism, the petition said. The petition had contended Articles 14, 21, 25,  which is an integral part of the basic structure of the Constitution.

The petition also stated with dismay that the Centre and States have failed to control the menace of black magic, superstition and deceitful religious conversion, though it is their duty under Article 51A,

Alleging that the government has failed to take any concrete action against them, the plea said the Centre may enact a law with minimum imprisonment of 3 years that may extend up to 10 years and a hefty fine may be imposed.

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