Consider legislation to prevent forced conversion: Kerala High Court

By TwoCircles.net Staff Correspondent,

Kochi: The government should consider legislation to prevent religious conversion by use of force and deception, suggested the Kerala High Court on Wednesday. Justice KT Shankaran made the suggestion while dismissing the anticipatory bail petitions submitted by Shahensha and Sirajudheen, accused of forcefully converting two girls studying for MBA.


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The court recollected that several states had made such legislation. The educational institutions and professional colleges that young people join to gain knowledge should not be centres of religious propagation. The creators of our Constitution might not have doubted that educational institutions would turn to be stages for religious propagation and conversion, the court said.

Justice Shankaran said that the reports submitted by some police officers to the DGP had stated the existence of organised attempts to convert girls to a particular religion. The report also stated that the efforts were made with the help of some terrorist organisations. The government should consider the matter seriously. The government is responsible to protect the fundamental rights and human rights of people.

Parents have right to bring up their children according to their wish. Freedom of faith does not give right to a stranger to deny the right of parents to voice their opinion in the future and employment-related matters of their children, just because the children have attained maturity. Parents have the right to protect their children. Freedom of religion is not meant to destroy family and culture. The country has laws to protect the rights of parents. Forced conversion is against law. It will lead to problems in law and order, the court said.
Shahensha and Sirajudheen filed a petition in the court on October 21 to withdraw the anticipatory bail they had submitted earlier reportedly stating that they did not expect justice in the prevailing circumstances. The court yesterday stated that the faults in the petition were pointed out to the petitioners but instead of correcting them, they had sent the petition to the Registry. Many of the statements in the petition against the court were beyond the limits of contempt of court also. It was clear that somebody else had prepared the petition and not the petitioners. The aim was to criticise the court. However, the court was not taking any actions on it. It added that the request to withdraw the anticipatory bail could not be allowed considering the circumstances and facts in the case.

However, out of the 18 police reports submitted by the DGP, 14 stated that there were no instances of forced conversion feigning love. Only four reports mention that such deeds exist. One of the reports state that an organisation named ‘Smart Friends’ was functioning in two colleges. One of the reports reportedly mentions that organisations like the National Development Front (NDF), the Popular Front of India (PFI) and the Campus Front were behind the ‘love jihad’ activities. The court reportedly said that around 4000 girls had converted their religion through love-marriages in the state. Organised efforts for religious conversion began in the state in 1996.

The Popular Front of India has decided to approach the superior court to question the statements in the High Court against the organisation. Elamaram Kareem, president of the PFI said that the PFI was not an organisation for religious conversion. Justice Shankaran was questioning the religious conversions which had taken place legally. It was a challenge against those who respect the court and laws. He also expressed hope that the High Court itself would take the necessary measures to correct such statements of Justice Shankaran.
Shahensha and Sirajudheen are accused of forcefully converting two girls studying for MBA in Pathanamthitta in south Kerala. The girls had reportedly stated in the court that they had embraced Islam on their own free will, but the court directed the girls to go with their parents. When the girls were presented in the court next time, they changed their words and accused the boys of forced conversion feigning love. The boys had applied for anticipatory bail and while considering the petition, the court directed the state DGP to investigate if an organisation called ‘love jihad’ was functioning in the state. The boys then tried to withdraw their anticipatory bail which the court dismissed yesterday. The state DGP and union Home Ministry stated in their reports submitted in the court that there was no organisation called ‘love jihad’ or organised attempts for religious conversion in the state or elsewhere in the country. The DGP’s report, however, had added that there were allegations that such activities were going on in the state.

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