New Delhi, September 6, 2023 – The Supreme Court of India made a significant decision on Wednesday, dismissing a public interest litigation (PIL) that sought directions for the Central government to combat fraudulent religious conversions, particularly those involving Hindus and minors.
The petitioner’s counsel passionately argued that Hindus and minors were increasingly becoming victims of religious conversion schemes, sparking concerns about the need for intervention.
However, the Bench, comprising Chief Justice of India (CJI) DY Chandrachud along with Justices JB Pardiwala and Manoj Misra, raised serious doubts about the nature of the PIL and voiced reservations about the growing trend of invoking PILs for matters that might not fall under the Court’s jurisdiction.
In a candid remark, the Court expressed, “If there is a live challenge and someone is prosecuted, we can entertain it. But what kind of PIL is this? PILs have become a common tool, and petitions like these are emerging frequently.”
In response, the petitioner’s counsel sought guidance on which forum would be appropriate to address the concerns raised.
The Court made it clear that it did not possess advisory jurisdiction and proceeded to dismiss the plea.
Meanwhile, a related PIL filed by Bharatiya Janata Party (BJP) leader and advocate Ashwini Kumar Upadhyay against forced religious conversions is currently pending before the Supreme Court. Initially, this plea was being heard by a Bench presided over by Justice MR Shah, who has since retired, before being transferred to the CJI-led bench.
Additionally, several petitions challenging the laws pertaining to religious conversions in various states await resolution by the Court. Earlier this year, in January, the Supreme Court had directed the filing of a single common transfer petition to consolidate similar cases pending before various High Courts and transfer them to the apex court for a unified decision.
