Supreme Court Advocate Files Plea to Declare Forced Religious Conversions as Terrorist Act
In a significant legal development, Supreme Court advocate Ashwini Upadhyay has filed a formal plea seeking to have forced religious conversions officially declared as a terrorist act under Indian law. The application was submitted on Thursday, bringing renewed attention to the contentious issue of religious conversion practices across the nation.
Background: Nashik TCS Incident Sparks Legal Action
The legal petition emerges against the backdrop of serious allegations involving religious conversion and sexual harassment at a Tata Consultancy Services office located in Nashik, Maharashtra. These allegations have generated substantial public concern and debate about the methods and motivations behind certain conversion activities.
Upadhyay's application presents a forceful argument that deceitful religious conversion represents more than just a religious matter. The plea contends that such practices constitute a serious threat to multiple foundational principles of Indian democracy, including sovereignty, secularism, liberty, and national integration.
Legal Arguments and Constitutional Considerations
The petition makes several key legal assertions:
- Forceful or deceitful religious conversion represents a systematic conspiracy rather than isolated religious activity
- Such activities are often funded by foreign entities with the objective of altering India's demographic balance
- These practices threaten the unity, integrity, and security of the nation
- Therefore, they should fall within the definition of terrorist acts as specified in Section 15 of the Unlawful Activities (Prevention) Act
The application acknowledges that Article 25 of the Indian Constitution guarantees freedom of conscience and the right to profess, practice, and propagate religion. However, it emphasizes that this freedom is not absolute and remains subject to reasonable restrictions including public order, morality, and health considerations.
Request for Special Courts and Judicial Oversight
Beyond seeking the terrorist act designation, Upadhyay's plea requests that both central and state governments establish special courts specifically designed to handle cases related to religious conversion. This institutional mechanism would provide dedicated judicial oversight for what the petitioner characterizes as a growing national concern.
The petition represents part of Upadhyay's broader ongoing legal efforts seeking stricter measures against what he describes as fraudulent religious conversions. It reiterates the need for stronger legal safeguards to address what the application frames as organized activities threatening national security.
Supreme Court's Previous Engagement with the Issue
The Indian judiciary has previously demonstrated concern about religious conversion practices. In 2023, the Supreme Court of India observed that religious conversion represents a serious issue that should not be politicized. The court sought assistance from Attorney General R Venkataramani, the central government's chief legal advisor, to provide guidance on the matter.
This new application builds upon that judicial engagement, seeking more definitive legal categorization and enforcement mechanisms to address what the petitioner characterizes as systematic threats to India's constitutional framework and social harmony.
