PIL in SC Seeking to Control Black Magic, Superstition and Religious Conversion by Intimidation, Threats and Deception

Apublic interest litigation (PIL) has been filed in the Supreme Court seeking directions to the Central and state governments to control black magic, superstition and religious conversion by intimidation, threats and deception.

The PIL also seeks a direction to the Centre to ascertain the feasibility of appointing a committee to enact a law to check the abuse of religion.

In the alternative, it urged the court to direct the Law Commission of India to prepare a report on black magic, superstition and religious conversion within three months in light of the Supreme Court’s decision in the Sarla Mudgal case.

Advocate Ashwini Upadhyay, the petitioner, who is also a BJP leader said religious conversion by “carrot and stick” and “by hook or crook” not only offends Articles 14 (right to equality), 21 (right to life and personal liberty), 25 (freedom of thought, conscience and religion), but also the principles of secularism, which is an integral part of the basic structure of Constitution.

Upadhyay alleged that the Centre and states have failed to control “the menace of black magic, superstition and deceitful religious conversion”, though it was their duty under Article 51A(fundamental duties).

The petition made the claim that it was being filed for the benefit of the poor, economically weak and socially downtrodden sections of the society, particularly scheduled castes and scheduled tribes.

“They are incapable of approaching this Hon’ble Court themselves; hence, petitioner is filing this PIL to secure their right to life liberty and dignity, guaranteed under Articles 14 and 21 and right to freely profess the religion, guaranteed under Article 25 of the Constitution”, the petition said.

It added that injury caused to the public was large because “there is not even one district in the country which is free of black magic, superstition and religious conversion by the carrot and the stick.”

The plea claimed that evidence of deceitful religious conversion could be found on social media, primarily on YouTube and Facebook.

“The foreign-funded individuals and NGOs are provided with a road map and a monthly target about the number of religious conversions that shall be carried out”, the PIL alleged.

The article was originally published in The Leaflet.