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Right to freedom of religion doesn’t include a fundamental right to convert: Centre to SC

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The Centre told the Supreme Court that the right to freedom of religion does not include a fundamental right to convert people to a particular religion.

The Centre’s response came on a plea by advocate Ashwini Upadhyay against fraudulent religious conversion and religious conversion by intimidation, threatening, deceivingly luring through gifts and monetary benefits, as it offends Articles 14, 21, and 25.

The plea claimed that if such conversions were not checked, Hindus would soon become a minority in India.

In an affidavit, the Union Ministry of Home Affairs said: “It is submitted that the right to freedom of religion does not include a fundamental right to convert other people to a particular religion. The said right certainly does not include the right to convert an individual through fraud, deception, coercion, allurement or other such means”.

The Central government said the petitioner has highlighted a large number of instances carried out in an organised, systematic and sophisticated manner of conversion of vulnerable citizens in the country through fraud, deception, coercion, allurement or other such means.

It further added that the meaning and purport of the word ‘propagate’ falling under Article 25 of the Constitution was discussed and debated in great detail in the constituent assembly and the inclusion of the said word was passed by the constituent assembly only after the clarification that the fundamental right under Article 25 would not include the right to convert.

The Centre said the apex court has held that the word ‘propagate’ does not envisage the right to convert a person rather is in the nature of the positive right to spread once religion by exposition of its tenets.

“This Court further held that fraudulent or induced conversion impinges upon the right to freedom of conscience of an individual apart from hampering public order and, therefore, the State was well within its power to regulate/restrict the same,” it added.

The Centre said it is cognizant of the gravity and the seriousness of the issue raised in the present writ petition and enactments are necessary for protecting cherished rights of vulnerable sections of the society including women and economically and socially backward classes.

“It is submitted that that public order is a state subject and in pursuance to the same various states over the course of the years passed enactments seeking to curb the practices highlighted in the present petition.”

The Centre said nine state governments have already have legislations in place on the present subject: Odisha, Madhya Pradesh, Gujarat, Chhattisgarh, Jharkhand, Uttarakhand, Uttar Pradesh, Karnataka, and Haryana.

It said that the reliefs sought in the present petition would be taken up in all seriousness by it and appropriate steps shall be taken as it is cognizant of the menace.

On November 14, the Supreme Court said forced religious conversion is a “very serious issue”, and may affect the security of the nation and asked the Centre to make its stand clear on what steps can be taken to curb forced conversions.

The top court said there is freedom of religion, but no freedom on forced conversion.

Upadhyay’s plea said that “freedom of religion enshrined in Article 25 is not granted exclusively in respect of one faith, but includes all religions equally, and an individual may properly enjoy it if he practices his right in a manner commensurate with the freedom of persons practicing the other religions”.

What is liberty for one, in equal measure, is freedom for the other, and therefore, there can be no such thing as a fundamental right to turn another man into one’s own religion.”

The petitioner has made the Union Ministries of Home Affairs, Law and Justice, CBI, NIA and state governments as respondents in the matter.

National News

Chhattisgarh: 5 Maoists Killed, 2 Jawans Injured In Narayanpur Encounter; Visuals Surface

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Narayanpur: In a major anti-Maoist operation, at least five Maoists were killed during a fierce encounter with security forces in the dense forests of the Abujhmad region in Chhattisgarh Narayanpur district on Saturday.

The gunfight took place after security personnel received reports about the presence of Maoists in the area.

According to officials, a joint team of security forces launched a search operation early Saturday morning. Around 6 a.m., the forces came under heavy fire, leading to an intense gunfight that lasted nearly five hours.

Statement Of One Of The Jawans

One of the jawan, part of the searching team, said that approximately 20 Maoists were present there, with at least five of them killed during the encounter.

“We were a team of 1,439 personnel deployed in the search operation. The encounter lasted until around 11 a.m., during which several Maoists were also injured. I came back but the search operation is still going on to capture the remaining Maoists,” he said.

2 Security Personnel Injured

During the operation, two security personnel sustained injuries. One of them, identified as Khileshwar Gawade, suffered bullet wounds in the head and right hand, while the other, Hiraman Yadav, was hit in the thigh. Both injured personnel were immediately evacuated and airlifted to Raipur for further medical treatment. Officials have assured that their condition is stable.

Security personnel have so far recovered the bodies of five Maoists, along with some weapons. The process of identifying the dead Maoists is underway.

About Abujhmad Region

The Abujhmad region, which borders Maharashtra’s Gadchiroli district, is known for being a hotbed of Maoist activity. Just last month, security forces achieved an important victory by neutralising 31 Maoists in one of the most successful operations in Chhattisgarh’s history.

On the rising success of such operations, Inspector General of Police, Bastar Range, Sundarraj P., had, last week said that a total of 192 Maoists have been killed this year alone. Authorities believe that sustained pressure from security forces is gradually weakening the insurgents’ grip in the region.

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National News

Congress President Mallikarjun Kharge Slams BJP Over Infiltrator Issue In Jharkhand, Says ‘Ghuspetiya Andar Aa Rahe Aur Shah Sahab So Rahe’

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Jamtara (Jharkhand): As the BJP constantly evoked the issue of infiltration in Jharkhand, Congress President Mallikarjun Kharge said on Saturday that the BJP is scaring everyone in the name of infiltrators and when there is their government in the Centre, why can’t they stop it?

Addressing a public rally in Jharkhand’s Jamtara, Kharge said, “They (BJP) are scaring us in the name of infiltrators. You are in the central government, you are the Prime Minister, you are the home minister, then from where did the infiltrators enter?”

“Ghuspetiya andar aa rahe aur Shah Sahab so rahe,” he added.

He further said that the BJP only knows how to divide.

“When you can stop our helicopters, why can’t you stop infiltrators? They don’t know how to run the government. They only know how to divide. They have raised the matter of infiltrators in the elections and they are making people afraid of this. People are being incited in this way. This won’t work. Now people have understood you,” Kharge added.

About The Chopper Issue

The Congress Chief further targeted the BJP after party MP Rahul Gandhi’s chopper was delayed on Friday and said that today, his chopper was also delayed.

“Rahul Gandhi also did meetings here. We don’t know what problem does BJP has with us. When we want to come our helicopter gets stopped. Yesterday Rahul Gandh’s helicopter was denied permission to fly. Today Shah was coming here so I was stopped today for 20 minutes. His path was different and my path was different. Modiji comes in every way of ours,” Mallikarjun Kharge said.

Congress President Targets BJP Star Campaigners In Jharkhand

Sharpening his attacks further, Kharge targeted BJP star campaigners in Jharkhand and said that they all have gathered like a “war” is going on.

“In Jharkhand helicopters are flying like vultures. Did they come when anyone was in need here.? Some Chief Minister from Assam, Madhya Pradesh, all have gathered like a war is going on. This is battle of democracy where people participate and leaders have no role,” he said.

Voting for the first phase of the Jharkhand assembly elections concluded on November 13, with voting taking place in 43 out of the state’s 81 seats.

Elections on the remaining 38 seats will be conducted on November 20. The counting will be held on November 23.

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International

PM Narendra Modi Departs For 5-Day Tour Of Nigeria, Brazil, & Guyana

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New Delhi: Prime Minister Narendra Modi on Saturday left for his five-day visit to Nigeria, Brazil, and Guyana. He will be on his three-nation tour from November 16 to 21, where he will be attending the G20 Summit in Brazil.

In his departure statement ahead of his visit, PM Modi stated that he would be first visiting Nigeria at the invitation of President Bola Ahmed Tinubu with a focus on reinforcing the strategic partnership between the two nations. The Prime Minister will also be meeting with the Indian community in Nigeria during his visit. He will be there in the African nation from November 16 to 17.

“At the invitation of H.E. President Bola Ahmed Tinubu, this will be my first visit to Nigeria, which is our close partner in the West African region. My visit will be an opportunity to build upon our Strategic Partnership that is based on shared belief in democracy and pluralism. I am also eagerly looking forward to meeting the Indian community and friends from Nigeria who have sent me warm welcome messages in Hindi,” the statement read.

About PM Modi’s Visit To Brazil

Following this, he will be travelling to Brazil to attend the 19th G20 Summit as a member of the Troika. PM Modi stated that after India’s successful presidency in the G20 Summit last year, Brazil is expected to continue efforts to advance the Global South’s priorities. He will be there in the South American nation from November 18 to 19.

“In Brazil, I will attend the 19th G-20 Summit as a Troika member. Last year, India’s successful presidency elevated the G-20 to people’s G-20 and mainstreamed the priorities of the Global South into its agenda. This year, Brazil has built upon India’s legacy. I look forward to meaningful discussions in keeping with our vision of “One Earth, One Family, One Future.” I will also use the opportunity to exchange views on furthering bilateral cooperation with several other leaders,” the statement added.

About PM Modi’s Visit To Guyana

In the final leg of the trip, PM Modi will be going to Guyana, at the invitation of President Mohamed Irfaan Ali. This marks the first visit of an Indian Prime Minister to Guyana in over 50 years.

In addition, the Prime Minister will attend the 2nd India-CARICOM Summit, where he will meet with leaders from the Caribbean nations to renew historical ties and explore opportunities for deeper cooperation.

“My visit to Guyana, at the invitation of H.E. President Mohamed Irfaan Ali, will be the first-ever visit of an Indian Prime Minister in over 50 years. We will exchange views on giving strategic direction to our unique relationship, which is based on shared heritage, culture, and values. I will also pay my respects to one of the oldest Indian diaspora, who migrated more than 185 years ago, and engage a fellow democracy as I address their Parliament,” the statement read.

“During this visit, I will also join leaders from the Caribbean partner countries for the 2nd India-CARICOM Summit. We have stood together through thick and thin. The Summit will enable us to renew historical ties and expand our cooperation into new domains,” it added.

During his visit to Guyana, PM Modi will receive the highest national award from the Commonwealth of Dominica. The Caribbean nation will bestow the Dominica Award of Honour, on PM Narendra Modi, in recognition of his contributions to Dominica during the COVID-19 pandemic and his dedication to strengthening the partnership between India and Dominica.

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