Adults free to choose their religion, says Supreme Court

The Supreme Court said persons above 18 years of age are free to choose their religion as it refused to entertain a plea seeking directions to the Centre and states to control black magic and religious conversion. 

A bench of Justices R.F. Nariman, B.R. Gavai and Hrishikesh Roy reminded the petitioner the fundamental right under Article 25 of the Constitution to freely profess, practise and propagate religion, subject to public order, morality and health.

It said there is no reason why a person above 18 can’t be allowed to choose his religion.

The petitioner stated that the Centre and states have failed to control the menace of black magic, superstition and deceitful religious conversion, though it is their duty under Article 51A.

The plea also pointed out that although eight states — Odisha, Madhya Pradesh, Arunachal Pradesh, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand and Uttarakhand have enacted anti-conversion laws, there was an urgent need for the Centre to bring out such a law.

The SC bench dismissed the petition as withdrawn. It also refused to grant permission to a representation to the law commission

Article 25 of the Indian Constitution

Article 25 (1) states that “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”. 

Clause (2) states that “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.

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