The Madras High Court today issued notice to the Tamil Nadu Government on a petition challenging the State's anti-coversion law and seeking to declare it as "unjust and constitutional".
The notice, returnable in three weeks, was issued by a Division Bench comprising Chief Justice B Subhashan Reddy and Justice C Nagappan on a PIL filed by a city advocate R Rajamani, who also sought a stay on the operation of the "Tamil Nadu Prohibition of Forcible Conversion of Religion Act 2002" pending disposal of his writ petition.
Alleging that the evils of untouchability was a reason which compelled Scheduled Castes to abandon Hinduism and adopt Christianity and in some cases Islam, the petitioner contended that the practice of following or changing ones' religion or set of beliefs was a matter exclusively within the private domain of the people.
Stating that till date no one had claimed they were forced by any sect or group to convert to another religion and that conversions had taken place voluntarily, he said the work of propagating religious practices was individual in nature and not systematic.
While the State Government had the power to enact legislation for maintenance of law and order, it did not have the power to unduly and unreasonable interfere in the private affairs of the citizens or criminalise everyone, without necessary safeguards, under the guise of maintaining law and order.