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Context:

The Supreme Court ruled that religious conversion without truthful belief, mainly to receive reservation benefits, violates reservation policy and is considered as Constitutional fraud.

Background of the case

The case was based on an appeal filed by a woman from Puducherry who, despite being a Christian by birth, wanted a Scheduled Caste community certificate by claiming to have converted to Hinduism.

According to the Court, the woman's claim to convert to Hinduism was motivated mainly to obtain government employment through the Scheduled Caste quota. The court determined that her conversion to Hinduism was not supported by any substantial evidence, such as following the conversion procedures or demonstrating genuine belief.

The court examined field verification, which revealed that the woman's parents were married under the Indian Christian Marriage Act of 1872, and she was baptized and attended church regularly. These facts contradicted her claim to have embraced Hinduism, therefore the Court cancelled her previous Scheduled Caste certificate.

Highlights of the Court Verdict

The Supreme Court declared that every citizen has the right to practice and profess any religion they choose, as guaranteed by Article 25 of the Constitution. However, the court clarified that conversion should be inspired by actual belief in the new religion's principles, rather than only for taking advantage of reservation benefits.

The Court acknowledged that it cannot determine the sincerity or depth of a person's religious beliefs. However, it stated that courts can investigate the true intention behind a conversion and determine whether it was a fraud designed for a different purpose, such as obtaining benefits under the reservation policy.

Right to freedom of religion in India

Articles 25-28 of Part III of the Constitution guarantee the right to religious freedom. 

Article 25(1) empowers all people, including foreigners, to freely profess, practice, and propagate religion, subject to public order, morality, and health. 

Article 26 ensures that religious denominations can manage their own affairs, while Article 27 prohibits compulsory religious taxes. 

Article 28 forbids religious instruction in state-funded educational institutions.

Constitution about religious conversion

The right to conversion is not explicitly mentioned in the Constitution. Article 25, however, it includes the right to "propagate" religion, which has been debated to include the right to convert others. 

Conversions for wrongful purposes, such as polygamy or obtaining reservation benefits, are legally prohibited. In Sarla Mudgal v/s Union of India, the Supreme Court ruled that marriages based on religious conversions for the purpose of polygamy were void under the Hindu Marriage Act of 1955 and punishable as racist conduct under the Indian Penal Code.

In Rev Stanislaus v/s state of Madhya Pradesh, the Supreme Court ruled that the right to propagate religion does not include the right to convert others, because each person has the same right to free conscience.

Way Forward

Religious freedom in India, including the right to convert, is a complex issue that must be balanced against individual liberties and public order. While the Constitution guarantees the right to freely practice, propagate, and profess religion, laws and judicial precedents clearly prohibit forced conversions or conversions for wrongful gain.

Must Read Articles: 

RELIGIOUS CONVERSION

RELIGIOUS FREEDOM IN INDIA

FREEDOM OF RELIGION

RESERVATION SYSTEM

Source: 

The Hindu