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Parliament free to make law against forced religious conversion but courts can’t recommend it based on newspaper reports: Delhi HC

Socio Legal Corp


To make recommendations on such matters mere newspaper reports are not sufficient but a strong case should be made against it, said the HC.

Justice Sanjeev Sachdeva and Tushar Rao Gedela opined that no parliament or State legislature is stopping to make laws regarding the subject but it cannot totally depend on newspaper reports only, the petitioner approaching for such prayer should produce solid materials to claim.

A PIL was filed before Delhi HC by a BJP leader Ashwini Upadhyay against forced religious conversion and prayed to stop it through enticement or ‘black magic’.

The petitioner submitted the statement by Delhi CM Arvind Kejriwal, who said that there must be a particular law against the same. The judge opined to this that if CM finds it necessary to have a law then he can make a law on that matter.

The court asked to submit statistical reports on the matter but the petitioner submitted only newspaper articles. The judge stated that newspaper reports will not amount to sufficient material facts and there must be instances similar to forced religious conversion to make laws for it.

The RTI report was submitted by Upadhyay which included the pending responses on number of complaints and number of people traveling to India since the last 2 decades.

The petitioner also contended that it goes against Art. 14 & 51A of Indian Constitution.

The respondent argued that there must be a material record on it because it’s no one’s case that forced religious conversion is not happening around the world.

Thus, the court granted 4 weeks to substantiate his claims.

Written by,Shrishyly.V @siriii_ig


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