The Supreme Court has voiced concerns about key aspects of the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act 2021, a law introduced by the Yogi Adityanath government. The court reportedly described portions of the legislation as potentially burdensome and intrusive.
A bench, presided over by Justice JB Pardiwala and including Justice Manoj Misra, pointed out the notable involvement of government bodies in the religious conversion process. While not examining the overall constitutional validity of the Act in this specific case, the court observed that the requirements for pre- and post-conversion declarations appear to create a very demanding procedure for individuals wishing to change their faith.
The court highlighted how the law mandates significant visibility and control for authorities over personal decisions regarding religious conversion. Specifically, it noted that the District Magistrate is legally obligated to initiate a police inquiry for every intended religious conversion. Furthermore, the court expressed concerns about the provision requiring the public disclosure of personal details of converts, suggesting this aspect might need deeper scrutiny to ensure it aligns with constitutional privacy rights.
Fundamental Rights and Privacy Under Scrutiny
The bench emphasized that freedom of thought, belief, and worship is a fundamental aspect of India’s secular identity. It questioned whether making the personal information of converts public is compatible with the constitutional right to privacy.
During the proceedings, the justices remarked that certain parts of the 2021 Act appear to contradict fundamental rights guaranteed under Part III of the Constitution, particularly Article 25. These comments were made as the court quashed First Information Reports (FIRs) filed against officials of Sam Higginbottom University of Agriculture, Technology and Sciences (SHUATS) in Prayagraj, who were accused of facilitating mass religious conversions to Christianity.