'What kind of PIL is this,' SC on a plea for enacting anti-conversion law

The Supreme Court on Wednesday declined to entertain a PIL questioning of "fraudulent" conversions allegedly being undertaken of Hindus and minor children and seeking a direction to the central government to bring a law to control it.

A bench of Chief Justice of India D Y Chandrachud and Justices J B Pardiwala and Manoj Mishra dismissed the plea filed by Bengaluru-based Jerome Anto.

"We cannot entertain the plea filed under Article 32 of the Constitution," the bench said.

"If there is a live challenge, we can entertain...but what kind of PIL is this, PIL has become a tool and everyone is coming up petitions like this," the bench said.

The counsel for the petitioner claimed fraudulent conversions are taking place, targeting Hindus and minors.

"What should we do," the counsel.

On this, the bench said, "We are not in advisory jurisdiction".

The bench also questioned how it could issue directions to the Centre or Law Commission of India with regard to enacting a law. It also noted certain States had already passed laws related to unlawful conversions.

The petitioner sought a direction to the central government for introduction of the anti -conversion law in India, claiming conversion is a kind of cultural terrorism which preys upon indigenous people and their culture.

He said there was an urgent need to control fraudulent religious conversion and religious conversion by intimidation, threatening, deceivingly luring through gifts and monetary benefits in violation of Articles 14, 21, 25 of the Constitution. 

Alternatively, petitioner Anto asked the court to direct the Law Commission of India to prepare Report as well as a Bill to control 'Deceitful Religious Conversion' within three months in spirit of Articles 14, 21 and 25.

"There is not even one district which is free of religious conversion by 'hook and crook and the carrot and the stick'. Incidents are reported every week throughout the country where conversion is done by intimidating, threatening, deceivingly luring through gifts/monetary benefits and also using black magic, superstition, miracles but Centre has not taken stringent steps to stop this menace," his plea filed through advocate Bharti Tyagi claimed.