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Legal News 06 September 2023

Fraudulent Religious Conversions of Hindus and Minors: Supreme Court dismisses PIL and said “We are not in advisory jurisdiction”

On September 06, 2023, the Supreme Court bench dismissed a PIL (Public Interest Litigation) seeking directions to the Centre for taking appropriate steps against fraudulent religious conversions in the country. The matter was presented before a three judge bench including Chief Justice of India (CJI) DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra. The bench said “Why should the court enter into this thicket? How can the court issue a writ of mandamus to the government.” During the proceedings, the counsel appearing for the petitioner mentioned that the main target in such religious convesrions are the Hindus and minors as well as said that they are being converted fraudulently. 

While addressing the matter, the bench questioned the nature of the PIL and expressed his disappointment regarding the increase in use of PILs in cases where jurisdiction does not fall under the top Court’s purview. The bench orally remarked, “If there is a live challenge and someone is prosecuted, we can entertain. But what kind of PIL is this? PIL has become a tool and everyone is coming up with petitions like these.” Following this, the counsel for petitioners asked the bench regarding which forum should they approach for the same. The bench replied, “We are not in advisory jurisdiction. Dismissed (the plea)”


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