• Religious conversions

The bench of Supreme Court in its judgement held that "conversion from one religion to another have no justification in a secular  India"  as it amounted to interference in religious belief. The Bench felt that conversion violated the secular spirit of the Constitution. It said, “It is undisputed that there is no justification for interfering in someone’s belief by way of  conversion,  or upon a flawed premise or inducement that one religion is better than the other.”
In the back drop of this judgement, can it be legal if a "bye law in a church says that " if any one wants to become a Executive Committee Member of a church, he should give declaration showing his conversion"  Because of this bye law many employees in the organization (Vizag Steel Plant) after availing all the benefits from SC reservation giving a one line declaration as converted from Hinduism to Christianity and interfering in church administration and opting for Executive Committee Memberships.
Kindly advise me on how can I tackle this matter
Asked 2 years ago in Constitutional Law from Visakhapatnam, Andhra Pradesh
1) Freedom of religion in India is a fundamental right guaranteed by the country's constitution.The Indian Constitution in Article 25 grants to citizens of India of all religious persuasions freedom to profess, practise and propagate their faith in a way that does not disrupt public order and does not affect public health and morality adversely


2) conversions in our country are permissible if by free will".Supreme Court, in no uncertain terms, had held that though the right to propagate may be a fundamental right, there is no fundamental right to convert.

3) forced conversations are prohibited . byelaw  of church only mentions that in order to be executive committee member you should be a christian . furnishing of declaration about conversion to Christianity does not amount to interference in religious belief . voluntary conversion into another religion is permissible as long as there is no force or inducement offered
Ajay Sethi
Advocate, Mumbai
23107 Answers
1213 Consultations
5.0 on 5.0
You can change into any religion you need on you free will as per our constitution but it must not be aimed for marrying or doing such acts which is contrary by law by converting the same.
Jeshma Mohandas KP
Advocate, Kozhikode
567 Answers
1 Consultations
3.5 on 5.0
You can change into any religion you need on you free will as per our constitution but it must not be aimed for marrying or doing such acts which is contrary by law by converting the same.
Jeshma Mohandas KP
Advocate, Kozhikode
567 Answers
1 Consultations
3.5 on 5.0
Dear Client,
Yes it is absolutely valid bye law  of the church society. Nothing wrong if they demand the declaration of the member prospective to the executive committee should execute a declaration. Once he declare as himself as a christian he should keep his faith till death. Being a christian he is availing SC benefits is totally illegal and liable for prosecution.
Mohammad Khaleel Ahmed
Advocate, Hyderabad
184 Answers
1 Consultations
3.9 on 5.0
1. under article 25:- 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.

2. the citizen of india is free to profess, practise and propagate any religion of his choice.

3. forced conversion is prohibited because it is against the public order and article 21 of thr constitution.

4. under article 26 :-  Freedom to manage religious affairs Subject to public order, morality and health, every religious denomination or any section thereof shall have the right
(a) to establish and maintain institutions for religious and charitable purposes;
(b) to manage its own affairs in matters of religion;
(c) to own and acquire movable and immovable property; and
(d) to administer such property in accordance with law

5. So any religious institute or organisation has freedom to manage its religious affairs and it can restrict entry of any person of other religion.

6. by law of the church is valid.

7. supreme court decision can't affect its by law.
Shivendra Pratap Singh
Advocate, Lucknow
2729 Answers
41 Consultations
4.9 on 5.0
Freedom of religion is provided by constitutional law. Conversion by freewill and without undue influence is provisioned in law
Brijendra Kumar Vishwakarma
Advocate, Kanpur
117 Answers
0 Consultations
3.3 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Constitutional Lawyers

Ajay Sethi
Advocate, Mumbai
23107 Answers
1213 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5149 Answers
54 Consultations
4.9 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2729 Answers
41 Consultations
4.9 on 5.0
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
S J Mathew
Advocate, Mumbai
1949 Answers
65 Consultations
5.0 on 5.0
Shashidhar S. Sastry
Advocate, Bangalore
1232 Answers
59 Consultations
5.0 on 5.0
Saptarshi Banerjee
Advocate, Kolkata
183 Answers
4 Consultations
4.9 on 5.0
Nahush Khubalkar
Advocate, Nagpur
44 Answers
4 Consultations
5.0 on 5.0
Shivam Sood
Advocate, Ludhiana
80 Answers
0 Consultations
3.0 on 5.0