Majority Population Would Become Minority If Conversions At Religious Gatherings Continue: All HC

It definitely cannot be lightly dismissed by anyone and has to be taken most seriously by all of us that it is none other than the Allahabad High Court which is the biggest High Court not just in India but in the whole world which in a most learned, laudable, landmark, logical and latest judgment titled Kailash vs State of UP in Criminal Misc. Bail Application No. – 19442 of 2024 and cited in Neutral Citation No. – 2024 : AHC : 105940 that has been pronounced as recently as on July 1, 2024 has minced just no words to say in no uncertain terms most unequivocally while expressing most serious concern on huge conversions that unlawful conversion of Scheduled Castes and Scheduled Tribes SC/ST and economically poor persons to Christianity was being done at rampant pace throughout Uttar Pradesh. Most worryingly, the Bench minced absolutely just no words to say most clearly that the majority population of the country would become the minority one day, if religious congregations where conversions take place are not stopped. No denying it.

It must be also further disclosed here that the Single Judge Bench comprising of Hon’ble Mr Justice Rohit Ranjan Agarwal of the Allahabad High Court made these so very crucial observations while dismissing the bail plea of an accused after perusing it very minutely in detail under the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021. Very rightly so! It was also observed by then Bench that Article 25 of the Constitution of India provides for “freedom of conscience and free profession, practice, and propagation of religion” but does not provide for conversion from one faith to another faith. The Bench also sought to clarify on “propagation” that, “The word “propagation” means to promote, but it does not mean to convert any person from his religion to another religion.”

I must recall here that my very best friend Sageer Khan was very deadly against conversions which he said is “worse than murder” and way back in 1994 in Mackronia locality in Sagar in Madhya Pradesh when I once expressed my desire to him to become a Muslim like him very much influenced by what all he told me about Islam and his style of praying and how he in my most trying times stood by me like not just a rock but like a mountain when I was really not faring very well in my academics in BSc with my very close friends all of whom were Hindus mocking at me in front of everyone with most taunting remarks which I can never forget in my life over my poor academic performance was virtually in literal tears flowing freely from his eyes after listening to my intention to convert to become a Muslim like him. I still recollect that how he immediately then caught my hands and promptly placed it on top of his head and said to me most astonishingly that, “I am giving you an oath never to be taken back that never in this life of yours and in this birth of yours will you ever relinquish your religion or even think about doing so and so also the God Mahadev whom you have worshipped till now nor will you ever dream of doing so. I have seen from April 1993 ever since you came in my contact till now that you very seriously worship Lord Shiv or Lord Mahadev or Lord Bholenath as you call him and so you swear by me that you will never shun him or even think of doing so nor will you ever shun your religion till you die just like I will never give up my faith in Allah nor my religion. Leave alone getting converted you must say on oath to me that you will never enter a mosque nor even see towards a mosque but you will always worship your own God Mahadev in temple like I pray to my Allah in a mosque. Above all, all religions and Gods are only just different names and different routes to reach the same destination just like when we go to top of mountain from different routes, we reach the same destination. There is a reason why God makes our birth in a particular religion and so we should never shun that religion where God ensured that we took birth under any circumstances till we die.” I had just no option but to give the oath to him as he wanted as Sageer Khan was most dear to me. Not only this, Sageer Khan while batting most strongly for totally abolishing conversions also said most forcefully that, “Conversions must totally be banned in all countries in the world and those who abet must be definitely sent to jail for at least few years so that they never dare again to try to convert some one and all those organizations who are found to regularly indulge in mass conversions must be permanently banned from India and also a very huge penalty must also be definitely imposed on them to act as a strong deterrent so that no one in India ever dare to indulge in conversion!”

At the very outset, this brief, brilliant, bold and balanced judgment authored by the Single Judge Bench comprising of Hon’ble Mr Justice Rohit Ranjan Agarwal of the Allahabad High Court sets the ball in motion by first and foremost putting forth in the opening para that, “Heard Sri Saket Jaiswal, learned counsel for the applicant and Sri P.K. Giri, learned Additional Advocate General assisted by Sri Sunil Kumar, learned AGA for the State of U.P..”

As we see, the Bench while mentioning about the bail application by the applicant discloses in the next para of this robust judgment that, “By means of the present bail application, the applicant- Kailash seeks bail in Case Crime No.201 of 2023, under Section 365 IPC & Section 3/5(1) of the U.P. Prohibition of Unlawful Conversion of Religion Act, 2021, Police Station – Maudaha, District – Hamirpur, during the pendency of trial.”

To put things in perspective, the Bench while elaborating on the prosecution version envisages in the next para of this notable judgment that, “Prosecution story as unfolded from the First Information Report is that one Ramphal, brother of the informant Ramkali Prajapati was taken by the applicant- Kailash from Hamirpur to Delhi for attending the social gathering and ceremony for the well-being. According to the FIR, many persons from the said village were taken to social gathering and were converted into Christianity. The applicant had promised the informant that her brother who was suffering from mental illness will be treated, and shall be returned to his native village, within a week. When the brother of the informant did not return after a week, she asked the applicant that her brother has not returned, however, she did not get any satisfactory reply.”

As it turned out, the Bench while laying bare the applicant version states in the next para of this refreshing judgment that, “Learned counsel for the applicant submits that Ramphal, brother of the informant was not converted into Christianity, nor he is Christian. He had attended the gathering of Christian faith and well-being along with several other persons. He further submits that during the investigation, the police had recorded the statement of various persons, which cannot be relied upon at this stage that the applicant has no role to play. It was Sonu Paster who was holding such gathering, and he has already been enlarged on bail.”

On the other hand, it is then pointed out by the Bench in the next para of this remarkable judgment that, “Learned Additional Advocate General appearing for the State submits that by holding such gathering, huge number of persons are being converted into Christianity by these persons who are being paid huge money. Further, he has invited the attention of this Court to the various statements of witnesses, wherein it has been stated that the applicant- Kailash had been taking away people from the village for converting them into Christianity, and for this act he was being paid huge money.”

Needless to say, the Bench then states in the next para of this progressive judgment that, “I have heard learned counsel for respective parties and perused the material on record.”

While making it absolutely clear about the right to propagate as enshrined in Article 25 of Constitution, the Bench points out in the next para of this pragmatic judgment that, “Article 25 of the Constitution of India provides for Freedom of conscience and free profession, practice, and propagation of religion, but it does not provide for conversion from one faith to another faith. Article 25 of the Constitution of India reads as under:-

“25. Freedom of conscience and free profession, practice and propagation of religion

(1) Subject to public order, morality and health and to the other provisions of this Part, all persons are equally entitled to freedom of conscience and the right freely to profess, practise and propagate religion.

(2) Nothing in this article shall affect the operation of any existing law or prevent the State from making any law—

(a) regulating or restricting any economic, financial, political or other secular activity which may be associated with religious practice;

(b) providing for social welfare and reform or the throwing open of Hindu religious institutions of a public character to all classes and sections of Hindus.”

For clarity, the Bench clarifies in the next para of this concise judgment that, “The word “Propagation” means to promote, but it does not mean to convert any person from his religion to another religion.”

It is worth noting that the Bench then notes in the next para of this pertinent judgment that, “In the instant case, there are serious allegations against the applicant by the informant that her brother was taken away from the village to attend the gathering of well-being at New Delhi and along with him number of persons from the said village were also taken there, and they are being converted into Christianity. Brother of the informant never returned to the village. Statements recorded by the I.O. of various other persons clearly reveals, at this stage, that the applicant- Kailash had been taking away people to attend the religious congregation held at New Delhi, where they are being converted into Christianity.”

Most significantly, most forthrightly and most worryingly, the Bench does not hesitate to mandate in the next para of this rational judgment that, “If this process is allowed to be carried out, the majority population of this country would be in minority one day, and such religious congregation should be immediately stopped where the conversion is taking place and changing religion of citizen of India.”

Adding more to it, the Bench reiterates in the next para of this recent judgment that, “It is against the Constitutional mandate of Article 25 of the Constitution of India which does not provide for religious conversion, it only provides freedom of conscience and free profession, practice and propagation of religion.”

Most glaringly, it cannot be just glossed over that the Bench while feeling most concerned about huge conversions notes in the next para of this peculiar judgment that, “It has come into notice of this Court in several cases that unlawful activity of conversion of people of SC/ST castes and other castes including economically poor persons into Christianity is being done at rampant pace throughout the State of Uttar Pradesh.”

As a corollary, the Bench finds just no difficulty in observing that, “This Court, prima facie, finds that the applicant is not entitled for bail.”

Finally and quite ostensibly, the Bench then very rightly concludes by holding and directing in the final para of this noteworthy judgment that, “Hence, the bail application of applicant involved in the aforesaid case crime is, hereby, rejected.”

All told, it is trite to say that conversions must actually be now totally banned not just from few States as we see right now but from all over India on a national scale as it is high time now and for which Centre must definitely take the much needed initiative just like it has done to amend the penal laws as we cannot gloss over or take lightly what the Allahabad High Court has expressed its utmost concern over the huge conversions taking place. There can be no more dilly-dallying on this! We have seen that how many missionaries groups on many occasions give lure of huge money and what not just to secure conversions which definitely is a very big potential threat not just to one religion alone but to our national security also as the population demography can be easily changed very fast by mass conversions as pointed out in this brilliant judgment. It is not just the illiterate people but also literate people who too many times get brain washed and indulge in wrong acts which are inimical to our national interests which has to be checked, combated and crushed completely by ensuring that no conversion is ever allowed in India under any circumstances whatsoever! No denying or disputing!

Sanjeev Sirohi, Advocate,

s/o Col (Retd) BPS Sirohi,

A 82, Defence Enclave,

Sardhana Road, Kankerkhera,

Meerut – 250001, Uttar Pradesh.