TCS case: Supreme Court moved, plea seeks to classify 'forced religious conversion' as 'terrorist act'

A plea was filed by BJP leader and advocate Ashwini Kumar Upadhyay in the Supreme Court of India on Thursday, following allegations of religious conversion and sexual harassment at a Tata Consultancy Services (TCS) office in Nashik. The petition sought directions to curb deceitful religious conversions. It contended that when such conversions are carried out as part of a systematic, organised, and coercive campaign, they amount to a “terrorist act", according to PTI.

The plea comes in response to accusations made by eight female employees at the TCS office in Nashik, who alleged sexual harassment along with claims of forced religious conversion.

What did the plea say?

"The organised religious conversion in Nasik has shaken the conscience of citizens throughout the country. Therefore, the petitioner is filing this application for direction seeking certain directions and declarations to control deceitful religious conversion," the plea said.

It argued that deceitful religious conversion poses a serious threat to sovereignty, secularism, democracy, and liberty, while also undermining fraternity, dignity, unity, and national integration.

It urged both the Centre and state governments to take strict measures to curb such conversions. Additionally, it sought directions for setting up special courts to handle cases related to religious conversion and requested that punishments in such cases be served consecutively rather than concurrently, the PTI report noted.

The plea further stated that the right to freedom of religion does not extend to converting others through fraud, force, coercion, or deception.

It noted that Article 25 guarantees freedom of conscience and the right to profess, practise, and propagate religion, but this right is subject to public order, health, and morality.

“All persons will have the right freely to profess, practise and propagate religion and not that all persons will have the right to freely profess, practice and propagate religion. It means the right to profess, practice and propagate religion is free to everyone, but cannot be practised absolutely or freely,” it said.

It emphasised that the provision also operates within the limits of other constitutional safeguards, adding that the freedom to act on one’s religion is not absolute.

The plea added, “The expression does not mean that every person is free to do whatever they wish in the name of religion. Rather, it means that everyone has the right freely to profess, practise and propagate, but this freedom itself is subject to reasonable restrictions.”

"Forceful/deceitful religious conversion is not an isolated religious act but a systematic conspiracy often funded by foreign entities to alter the demographic balance and thereby threaten the unity, integrity and security of India. Due to this, it falls under the ambit of a terrorist act as defined under Section 15 by UAPA [Unlawful Activities (Prevention) Act, 1967]," the plea further said.

The Supreme Court of India had, in 2023, observed that religious conversion is a sensitive issue that should not be politicised, and had sought assistance from Attorney General R. Venkataramani on the matter.

(With inputs from agencies)