There is right to practice freely, not to convert others: Allahabad High Court

The Allahabad High Court has clarified that the constitutional right to freely practice one's religion does not extend to a collective right to convert others. The court made this observation while denying bail to Shriniwas Rav Nayak, who was charged with conducting illegal religious conversions under the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021.

Justice Rohit Ranjan Agarwal delivered the order, emphasizing that the Constitution guarantees every individual the right to choose, practice, and express their religious beliefs. However, this individual right to freedom of conscience and religion cannot be interpreted as a collective right to proselytize.

“The right to religious freedom belongs equally to the person converting and the individual sought to be converted,” the court stated, underlining the balance between personal liberty and protection against coercion in matters of faith.

Nayak, from Maharajganj, was booked under sections 3 and 5 (1) of the aforementioned Act. The court's decision aligns with recent legislative trends in BJP-governed states, which have introduced stricter regulations on religious conversions. These laws aim to curb forced or fraudulent conversions, a concern consistently raised by the ruling party at the Centre.

However, the implementation of anti-conversion laws has sparked controversy, with activists and civil society groups alleging that these regulations lead to the persecution and harassment of minority communities.