Plea alleging forced religious conversion cannot be based on information from social media, WhatsApp: Delhi High Court to Ashwini Upadhyay

The Delhi High Court on Friday said that it cannot examine a public interest litigation (PIL) petition alleging forced religious conversion when the plea is based on information derived from social media platforms and WhatsApp. .A division bench of Justices Sanjeev Sachdeva and Tushar Rao Gedela noted that religious conversion is a Constitutional right and not prohibited by law and is an individual's prerogative to choose his/ her religion. Hence, to examine a plea alleging religious conversion by force, there should be sufficient material to substantiate such claims. "Social media is not data. Things can be morphed there. Conversion is not prohibited. It is a right of person to profess any religion or chose any religion. That is the constitutional right. Each religion has beliefs. If someone is forced to convert, that is different but to convert is a person's prerogative," the Court said. The Court, therefore, asked petitioner Ashwini Kumar Upadhyay to bring on record substantial data and posted the case for further hearing on July 25. "Where are the instances (of conversion)? Either you amend your petition. We will have it after vacations. You have given nothing. Where are the statistics," the Court asked while adjourning the matter. When Upadhyay requested the Bench to direct the Central government to file a reply, the Bench remarked."What you can't get directly can't be given indirectly. This requires deeper consideration. Newspaper, WhatsApp, social media may or may not contain facts but they can't be basis for petition," the bench made it clear..Newspaper, WhatsApp, social media may or may not contain facts but they can't be basis for petition.Delhi High Court .In his plea, Upadhyay has argued that forceful conversions through intimidation, threats, deception or by use of 'black magic' and 'superstition' not only offends the provisions of the Constitution but even goes against the idea of secularism.He said that both the Central and Delhi government have failed to control menace of black magic superstition and deceitful religious conversion, though it is their duty under Article 51A of Constitution.It was argued that Article 14 of the Constitution ensures equality before law and secures equal protection of laws but there are differing laws on conversion not only across the country but even in Delhi and its neighbouring areas. "Presently, religious conversion by intimidating, threatening and deceivingly luring through gifts and monetary benefits is an offence in Ghaziabad but not in adjoining East Delhi. Similarly, religious conversion by using black magic and superstition is an offence in Gurugram but not in adjoining West Delhi," the plea said..When the matter came up for hearing, the Bench insisted on statistics and data to substantiate his claims. When Upadhyay stated he has data from social media, the bench was not impressed. The Bench refused to issue notice stating that there was no reliable material placed on record to substantiate claims of forced conversions taking place."You are saying mass conversions. Where have these conversions happened? You are saying carrot and stick. We are not commenting on your bona fide. This court has to be satisfied to even issue notice," Justice Sachdeva remarked. Additional Solicitor General Chetan Sharma, representing the Central government, stated that the plea related to forced conversions and raises an important issue. He expressed confidence that Upadhyay would 'collate material and further bolster the petition for the court the take a view.'"Government can take action if they want," the bench remarked while adjourning the case. .[Read our live coverage of the hearing here]