Academician Dr. Sakhi John has filed an intervention application in a PIL Petition filed by Ashwani Kumar Upadhyay saying the petition is not maintainable on the issue of forceful conversion which is a parliamentary task. The application says that Petitioner's prayers in it are untenable because they ask the court to legislate on the issue of forced conversion, which is the responsibility of the legislature. It also claims that the petition's several claims about minority communities in India are unconstitutional.
It further states, "Petition qualifies itself as having many averments which on the face of it looks like a deliberate act on the part of Writ Petitioner to make malicious averments which has propensity to cause an outrage of the religious feelings of a class of citizens in India especially the Christians and Muslims." It states, "a false narrative of conversion is stated in the instant Writ Petition – it is an admitted fact by the Petitioner that the Population of India as per the 2011 census shows that Christian population is only a meagre 2.30% and there is no demonstrated data to show that mass conversions are happening in the country at the behest of the Christian community."
The Application further outlines the teachings in the Bible and says, "... conversion as narrated and demonstrated by the petitioner is not true and is against the Holy Bible…Nowhere in the Holy Scriptures does it provide for forceful conversion a no scriptural reference is there for the word "conversion" anywhere in the Holy Bible. The Bible condemns any use of force, fraud, threat or allurement on any person for any purpose because the basic understanding of the Biblical teaching is that – All Men are born equal. And all are equal in the eyes of God…That the Petitioner has attempted to portray that the charitable activities of Christian organisations is with a hidden agenda of conversion. The Applicant submits that this averment made by the Petitioner is without understanding the true teachings of Lord Jesus Christ."
It further argues, "This Hon'ble Court speaking through a Nine Bench in Union of India vs KS Puttuswamy 2017 (10) SCC 1 has endorsed the fact that Right to Privacy is a fundamental right and part of Article 21. Thus, any effort to infringe into freedom of conscience of a person, either by a State or a Non-State actor is unconstitutional as it infringes on the Privacy of a citizen. Article 21 guarantees the Right to Privacy and the Right to Choose for every individual, that is, conversion to any religion is a private matter as well as the personal choice of the individual."
Case Title: Ashwini Kumar Upadhyaya vs. Union of India
Citation: W.P. (C) No. 63 of 2022
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