New Delhi: The Government of Tamil Nadu has informed the Supreme Court of India that the act of missionaries spreading Christianity, in itself, cannot be treated as unlawful, emphasizing constitutional protections that guarantee religious freedom.
In its submission before the apex court, the State clarified that Article 25 of the Constitution of India grants every citizen the right to freely profess, practice, and propagate their religion. Based on this constitutional provision, Tamil Nadu argued that missionary activities aimed at sharing religious beliefs do not violate the law unless they cross certain defined limits.
However, the government stressed that such activities must remain within the boundaries of public order, morality, and health, as well as other fundamental rights enshrined in Part III of the Constitution. Any attempt to spread religion through coercion or unlawful means, it noted, must be taken seriously and dealt with accordingly.
Represented by senior advocate P. Wilson, the State further clarified that while individuals have the right to propagate their faith, there is no fundamental right to forcibly convert another person. It highlighted that religious outreach must be carried out without resorting to intimidation, threats, deception, inducements, superstition, or black magic.
The affidavit also underscored that the Constitution does not prohibit individuals from voluntarily converting to a religion of their choice. Citizens, it stated, are free to adopt a new faith or even return to their original religious traditions, as matters of belief fall within the realm of personal liberty.
Tamil Nadu emphasized that the freedom to choose one’s religion is closely tied to the right to live with dignity under Article 21 of the Constitution of India, describing it as an “inviolable right” that should not be interfered with by the State.
“The citizens of the country should be allowed to make their own choices regarding faith. Interference in personal beliefs would be inappropriate and contrary to constitutional values,” the government stated in its submission.
The State’s response came in connection with a petition filed by advocate Ashwini Kumar Upadhyay, who has sought an investigation by central agencies into the circumstances surrounding the death of a 17-year-old girl in Tamil Nadu, amid allegations of forced religious conversion. The petition argues that coercive or fraudulent conversions violate fundamental rights.
Rejecting such claims in the broader context, the Tamil Nadu government maintained that there is no evidence of systematic forced or deceitful religious conversions in the State. It asserted that instances involving intimidation, inducement, or exploitation of vulnerable communities for religious conversion have not been reported.
The submission reiterates the State’s position that while illegal methods of conversion must be strictly prohibited, the constitutional right to share and adopt religious beliefs must remain protected in a democratic society.