# Ratilal Pc.11achand Gandhi v. The State of Bombay & Ors

- **Citation:** [1977] 2 S.C.R. 611
- **Court:** Supreme Court of India
- **Decided:** 1977-01-17
- **Case number:** Criminal Appeal No. 255 of 1974
- **Source:** https://unisonlegal.in/judgment/supreme-court-of-india/ratilal-pc-11achand-gandhi-v-the-state-of-bombay-ors-7079
- **Pages:** 8

## Headnote

611
REV. STA:INISLAUS
v:
STATE OF MADHYA PRADESH & ORS.
January 17, 1977
{A N. RAY, c. J.; M. H. BllG, R. s. SARKARIA, p, N. SHJNGHAL AND
.
•
JASWANT SINGH, JJ.]
Constitution of India-Article 25(1)-Freedom of re/igion-Rig;zt to profess-Practice and propogate religion-Whether forcible and fraudulent
conversion included-Public order-Meaning of-Seventh Schedule List II Entry
1-Madhya Pradesh Dharnia Swatantraya Adhlnivam 1968-0rissa Freedom
of Religion Act 1967-Constitutional validity of.
The constitutional validity of the Madhya Pradesh
Dharma Swatantraya
Adhiniyam, 1968, was challenged in the High Court of Madhya Pradesh and
the constitutional validity of the Orissa Freedom of Religion Act,
1967
was
challenged in the High Court of Orissa. The two Acts prohibit forcible conversion and make the offence punishable. The Madhya Pradesh High
Court
upheld the validity of the Act. The Orissa High Court held that Art. 25 ( 1)
of the Constitution guarantees propogatj.on of religion and conversion 1s a part
of Christian religion; that the State Legislature has no power to
enact
the
impugned legislation which in pith and substance is a law relating to religion;
and that entry 97 of List I would apply.
Upholding the validity of both the Acts,
HELO.: ( 1) Article 25 guarantees to all persons right to fr.eedom and conscience and the right freely to profess, pract.ice and propogate religion subject
to public order, morality and health.
The word 'propogate' has beel'l used in
the Article as meaning to transmit or spread from person to person or .from
place to place. The Article does not grant right to convert other person to
one's own religion but to transmit or spread one's religion by an exposition of
its tenets.
The freedom of religion .enshrined in Art. 25 is not guaranteed in
respect of one religion ol)ly but covers all religions alike which can be
properly enjoyed by a person if he exercises his right in a manner commensurate
with the like freedom of persons following other religion.
What is
freedom
for one is freedom for the other in equal measure and there can, therefore, be
no such thing as a fundamental right to convert any person to one's own
religion.
[616 B-F, 617 A-BJ
(2) The Madhya Pradesh Act prohibits conversion from one
religion
to
another by use of force, allurement or fraudulent means and matters incidental thereto. Si!Jlilarly, the Orissa Act prohibits conversion by the use of force
·or by inducemen.t or by any fraudulent means.· Both the statutes,
therefore,
clearly provide for the maintenanee of public order because if forcible conversion had not been prohibited that would have created public disorder
in
the
States.
The expression "public order" has a wide connotation.
[617 C-E]
Ratilal Pc.11achand Gandhi v. The State of Bombay & Ors.
[1954]
S.C.R.
1055; Ramesh Thappar v. The State of Madras [1950] S.C.R. 594; Ramiilal
Modi v. State of U.P. [1957] S.C.R. 860 and Arun Ghosh v. State of West
Bengal [1966] I S.C.R. 709, followed.
A
B
c
D
E
F
G
{3) If an attempt is made to raise communal passions, e.g. on the .ground
that someone has been forcibly converted to another. religion it would
in
all
H .
probability give tise to an apprehe~&lon of a breach of the nublic. o:der effecting ·!he community at large. The impugned Acts· therefore fall w1thm the ourview of Entry I of List II of the Seventh Schedule as they are meant to avoid
5-112SCI/77
A
B
612
SUPREME COURT REPORTS
(1977] 2 S.C.R.
disturbaD:ce to the public order by prohibiting conversion from one religion to
another m a manner r.eprehensible to the. conscience of the community. The
two Acts d.o i:ot provide for the regulat10n of religion and do not fall under
Entry 97 of Lm I. [618 A-C]

## Text

611
REV. STA:INISLAUS
v:
STATE OF MADHYA PRADESH & ORS.
January 17, 1977
{A N. RAY, c. J.; M. H. BllG, R. s. SARKARIA, p, N. SHJNGHAL AND
.
•
JASWANT SINGH, JJ.]
Constitution of India-Article 25(1)-Freedom of re/igion-Rig;zt to profess-Practice and propogate religion-Whether forcible and fraudulent
conversion included-Public order-Meaning of-Seventh Schedule List II Entry
1-Madhya Pradesh Dharnia Swatantraya Adhlnivam 1968-0rissa Freedom
of Religion Act 1967-Constitutional validity of.
The constitutional validity of the Madhya Pradesh
Dharma Swatantraya
Adhiniyam, 1968, was challenged in the High Court of Madhya Pradesh and
the constitutional validity of the Orissa Freedom of Religion Act,
1967
was
challenged in the High Court of Orissa. The two Acts prohibit forcible conversion and make the offence punishable. The Madhya Pradesh High
Court
upheld the validity of the Act. The Orissa High Court held that Art. 25 ( 1)
of the Constitution guarantees propogatj.on of religion and conversion 1s a part
of Christian religion; that the State Legislature has no power to
enact
the
impugned legislation which in pith and substance is a law relating to religion;
and that entry 97 of List I would apply.
Upholding the validity of both the Acts,
HELO.: ( 1) Article 25 guarantees to all persons right to fr.eedom and conscience and the right freely to profess, pract.ice and propogate religion subject
to public order, morality and health.
The word 'propogate' has beel'l used in
the Article as meaning to transmit or spread from person to person or .from
place to place. The Article does not grant right to convert other person to
one's own religion but to transmit or spread one's religion by an exposition of
its tenets.
The freedom of religion .enshrined in Art. 25 is not guaranteed in
respect of one religion ol)ly but covers all religions alike which can be
properly enjoyed by a person if he exercises his right in a manner commensurate
with the like freedom of persons following other religion.
What is
freedom
for one is freedom for the other in equal measure and there can, therefore, be
no such thing as a fundamental right to convert any person to one's own
religion.
[616 B-F, 617 A-BJ
(2) The Madhya Pradesh Act prohibits conversion from one
religion
to
another by use of force, allurement or fraudulent means and matters incidental thereto. Si!Jlilarly, the Orissa Act prohibits conversion by the use of force
·or by inducemen.t or by any fraudulent means.· Both the statutes,
therefore,
clearly provide for the maintenanee of public order because if forcible conversion had not been prohibited that would have created public disorder
in
the
States.
The expression "public order" has a wide connotation.
[617 C-E]
Ratilal Pc.11achand Gandhi v. The State of Bombay & Ors.
[1954]
S.C.R.
1055; Ramesh Thappar v. The State of Madras [1950] S.C.R. 594; Ramiilal
Modi v. State of U.P. [1957] S.C.R. 860 and Arun Ghosh v. State of West
Bengal [1966] I S.C.R. 709, followed.
A
B
c
D
E
F
G
{3) If an attempt is made to raise communal passions, e.g. on the .ground
that someone has been forcibly converted to another. religion it would
in
all
H .
probability give tise to an apprehe~&lon of a breach of the nublic. o:der effecting ·!he community at large. The impugned Acts· therefore fall w1thm the ourview of Entry I of List II of the Seventh Schedule as they are meant to avoid
5-112SCI/77
A
B
612
SUPREME COURT REPORTS
(1977] 2 S.C.R.
disturbaD:ce to the public order by prohibiting conversion from one religion to
another m a manner r.eprehensible to the. conscience of the community. The
two Acts d.o i:ot provide for the regulat10n of religion and do not fall under
Entry 97 of Lm I. [618 A-C]
CIVIL APPELLATE JURISDICTION : Civil Appeal N
1489
&
1511 of 1974.
OS.
(Appeals by certificate/Special Leave from the Judgment
and
Order dated 23-4-1974 of the Madhya Pradesh 'High Court in Misc
Petition No. 136/73).
·
Criminal Appeal No. 255 of 1974.
·(From the Judgment and Order dated 23-4-1974 of the Madhya
c
Pradesh High Court in Criminal Revision No. 159/71) and
D
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G
H
Civil Appeal Nos. 344-346 of 1976.
(Appeals by Special Leave from the Judgment and Order dated
24-10-1972 of the Orissa High Court in C.J.C. 185, 186 and 217 of
1969).
Frank Anthony, in CA 1489, Crl. A. 255/74 and CA 346/76 for
the appellant in CAs 1489 and 1511/74 and Crl. A. No. 255/74 and
RR. 1 and 2 in 'CAs 346/76.
Soli J. Sorabjee in CA 1511, Crl. A. 255/74 J. B. Dadachanji,
K. J. /ohn,, O. C. Mathur and Ravinder Narain for the appellant in
CAs 1489 and 1511/74 and Crl. A. No. 255/74 and RR. 1 and 2
in CAs 346/76.
Gobind Das (In CAs 344-346/76) B. Parthasarthi, for the appellants in CAs 344-346/76.
Soli J. Sorabjee, B. P. Maheshwari and Suresh Sethi, for R. 3 in
CA 346/76.
Brijbans Kishore, B. R. SabharwaJ, for RR. in CA 345/76.
Gobind Das, Raj Kumar Mehta, for the Intervener
(State
Orissa) in C.A. 1489/74.
The Judgment of the Court was delivered by
of ~
RAY, C. J.-These appeals were hear~ together ?ecause they rai~e
common questions of law relating to the mterpretat1on of the Constitution.
Civil Appeals No. 1489 and 1511 of.1974 and Criminal Appeal
No. 255. of 1974 are directed against a Judgment of the Madhya
"Pradesh High Court dated. 23 Ap~il: 1974. We shall refer to these
as the Madhya Pradesh cases .. CIVIi .Appeals No. 344-346 of 1976
relate to a judgment of the Orissa High Court d.ated 24 October,
1972. We shall refer tc:dhese _appeals as the Onssa cases.
REV. STAINISLAUS v •. MADHYA PRADESH (Ray,, C.l.)
613
The controversy in the Madhya Pradesh .case~ relates to
the
A--
Madhya Pradesh Dharina Swatantraya Adhiniyam, 1968, hereinafter
referred . to. as· the Madhya Pradesh Act. . The controversy in . the
Orissa cases arises out of the Orissa Freedom. ,of Religion Act, 1967
hereinafter referred to as the Orissa Act
The provisions of the 'two Acts. in so far as they relate to prohibition of forcible conversion and punishment therefor, are
similar
B'·
and the questions which have been raised before us are common to
1'oth of them.
It will, therefore, be enough, for the purpose of appreciating the controversy, to make a som.ewhar'detailed mention of the
facts of th\l Madhya Pradesh case.
. .
.
.
The Sub-Divisional Magistrate of. Baloda-Bazar sanctioned
the
pro"secution of Rev. Stainislaus for the commission of offences under
C
i:ections 3, 4 and 5 (2) of the Madhya P~adesh Act.
When the
case came up before
Magistrate,
First-Class,
Baloda-Bazar,
the
appellant Rev. Stainislaus raised a preliminary objection
that
the
State Legislature did not have the· necessary legislative competence
and the Madhya Pradesh Act was ultra vires the Constitution as it
did not fall within the purview of Entry I of. List If and Entry I of
Li.st III of the Seventh Schedule.
The appellant's contention . was
D
t'hat it was covered by Entry 97 of List I so that Parliament alone
had the power to make the law and not the State Legislature.
An
objection was also raised that the provisions of sections 3,
4 · and
$ (2) of the Act contravened Article 25 of the Constitution and were
-roid.
The Magistrate took the view that there was no force in the
objection and did not refer the case to the
High
Court under
soction 432 of the Code of Criminal Procedure, 1898.
B
The appellant applied to the Additional Sessions Judge . for a
revision of the Magistrate's order refusing to make. a reference to the
High Court.
The Additional Sessions Judge also t08k the view that
no question of constitutional importance arose in the case and
he
did not think it necessary to mak61 a reference to the High Court.
The appellant thereupon applied to the High Court for revision
nnder section 439 of the Code of Criminal Procedure and he also filed
ll petition under Articles 226 and 227 of the Constitution.
·
The High Court heard both the revision and the writ .petition
together.
The appellant raised the following three questions in the
High Court :-
. G
(i) that sections 3, 4, 5 (2) and 6 of the M. P. Dharma
Swatantraya Adhiniyam, 1968 are violat:ve of the ·
petitioner's fundamental rights guaranteed by Article
25 ( 1) of the Constitution of India;
(ii) that in exercise of powers conferred by Entry No. 1
. of List II, read with Entry No. 1 of List III of the
H
· Seventh Schedule the Madhya Pradesh Legislature
in the name of pub~c order could not have enacted
A
8
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614
SUPREME COURT REPORTS
[1977] 2 s.c.R.
the said legislation. But the matter would fall within the scope of Entry No. 97 of List I of the Seventh
Schedule, which confers residuary powers on Parliament to legislate in respect of any matters not
covered by List I, List II or List III.
Therefore
it is contended that Parliament alone had the powe;
to legislate on this subject and the legislation enacted by the State Legislature is ultra vires the powers.
of the State legislature;
(iii) that section 5(1) and section 5(2) of the M. P.
Dharma Swatantraya Adhiniyam, 1968 amount
to
testimonial compulsion and, therefore,
the said
· provisions are violative q:f
Article 20(3)
of the
Constitution of India.
The High Court examined the controversy with reference to the
relevant provisions of the Madhya Pradesh Act and the Madhya
Pradesh Dharma SWatantraya Rules, 1969 and held as follows:-
"what is penalised is conversion by force, fraud' or by
allurement.
The other element is that every person has a
right to profess his. own religion and to act according to it.
Any interference with that right of the other person by
resorting to conversion by force, fraud or allurement cannot,
in our opinion, .be said to contravene Article 25 ( 1) of the
Constitution of India, as the Article
guarantees religious
freedom subject to public health.
As such, we do not find
that the provisions of sect.ions 3, 4 and 5 of the M. P.
Dharma Swatantraya Adhiniyam, 1968 are violative of Article 25 (1) of the Constitution of India.
On the other hand.
it guarantees that religious freedom to one and all including
those who might be amenable to conversion by force, fraud
or allurement. As such, the Act, in our opinion, guarantees equality of religious freedom to all, much less can it
be said to encroach upon the religious
freedom
of any
particular individual."
The High Cour~ therefore held that there was
no justifi1;ation
for the argument that sections 3, 4 and 5 of the Madhya Pradesh
Act were violative of Article 25.( 1) of the Constitution.
The High
Court in fact went on to hold that those sections "establish the
equality of religious freedom for all citizens by prohibiting conversion
bv objectionable activities such as conversion by force, fraud and by
allurement".
As regards the question of legislative competence, the High Court
took note of some judgments of this Court and held that
as "the
phrase 'public order' conveys a wider .connota~ion as laid do~n bv
their Lordships. of the Supreme Court m the different cases.
We are
of the opinion that the subject matter of the Madhya Pradesh Dharma
Swa•atJt.raya A<lhinivam. 1968 falls within the scope of Entry No. I
of List lI of the Seventh Schedule! relating to the State List regarding
public order".
. ~
-
REV. STAINISi,.\US v. MADHYA PRA{)ESH (Ray, C.J.)
615
On ·the remaining point relating to testimonial compulsion with
reference to Article 20(3) of the Constitution, the High Court held
• that section 5 of the Madhya Pradesh Act read with Form A, pres·
cribed by the Rules, merely made provision for the giving of intimation to the District Magistrate about conversion and did not require
its maker to make· a confession of any offence as to whether the
conversion had been made on account of fraud, force or allurement,
which had been penalised by the Act.
The High Court thus held
that mere giving of such information was not violative of Article
30(1) of the Constitution.
But the question of testimonial coinpul·
sion within the meaning of Article 20(3) of the Constitution has not
been raised for our ·consideration.
A
B
The Orissa cases arose out of petitions under Article 226 of the c
Constitution challenging the vires of the
Orissa
Act.
The High
Court stated its conclusions in those cases as follow$.:-
( 1) Article 25 ( 1) guarantees propagatio~ of religion and
conversion is a part of thei Christian religion.
{2) Prohibition of conversion by 'force' or by 'fraud' as
defined by the Act would be covered by the limitation subject to which the right is guaranteed under_
Article 25 (1) .
(3) The definition·of the term 'inducement' is vague,and
many proselytizing adivities may .be covered by the
definition and the restriction in Article 25 ( 1 ) cannot
be said to cover the wide definition.
( 4) The State Legislature has no power to enact the
impugned legislation which in pith and substance is a
law relating to religion. Entry No. 1 of either List
II. or List III does not authorise the impugned legislation.
(5) Entry 97 of List I applies.
·.The High Court has therefore declared the Orissa Act to be ultra vires
the Constitution and directed the issue of mandamus to the State
Government not to give effect to it.
The criminal cases which were
pending have been quashed,
D
E
F
.
The common questions which have been raised for our considera-
· l:ioi:J: are (ll whether the two Acts were violative of the Jun(:!amenta:I
G
right guaranteed under Article 25 (1) of the Constitution, and
(2)
whether the State Legislatures were competent to enact them ?
Article 2.5 (1) of the Constitution reads as foUows :
"25 ( 1) Subject to public order, morality and health and
to the other provisions of this Part, all personsare
H
eauallv entitled to freedom of comcie1ice and the
· right freely to profess, practise and 'propagate
reli~
gion."
"
· · - ;: ·
,A
B
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. SUPREME COURT RiPORTS
[1977] 2 s.c.R..
,cou~~l for the appellant has argued 'that the right to· 'propagate'
o~e s rehg10n mean~ the nght to convert a person. to one's own reli- •
· g10n.
On that basis, counsel has argued further that the right to
·convert a person fo one's own rel:gion is a fundamental right guaranteed by Article 25 ( 1) . of the Constitution.
·
The expression 'propagate' has a number of meanings, including
"to multiply specimens of (a plant, animal, disease etc.)
by any
process of ~atural reproduction from the parent stpck", but that cannot, for obv10us reasons, be the meaning for purposes of Article 25 ( l)
·of the Constitution.
The Article guarantees a right to freedom of
religion, and the expression 'propagate' cannot therefore be said to
have been used in a biological sense.
The expression 'propagate .. has been defined in the Shorter Oxford
Dictionary. to mean "to spread from person to person, or from place
to place, to disseminate, diffuse (a statement, belief, practice, etc.)".
According to the Century Dictionary (which is an Encylopaedic
Lexicon of the English Language) Vol. VI,
'propagate' means as
follows:-
"To transmit or spread from person to person · or from
place to place; carry forward or onward; diffuse; extend; as
to propagate a report; to propagate the Christian religion".
We have no doubt that it is in this sense that the word 'propagate'
has been used in Article 25 ( 1), for what the Article grants is
not
the right to convert another person to one's own religion,
but to
transmit or spread one's religion by an exposition of its tenets. It has
to be remembered that Article 25 ( 1) guarantees "freedom of conscience" to every citizen, and not merely to the followers of one particular religion, and that, in turn, postulates that there is no fundame:atal right to convert another person to one's own religio11. because if a
person purposely undertakes the conversion of another ·person to his
religion, as distinguished from his effort to transmit or spread
th1
tenets of his religion, that would impinge on the "freedom of comcience" guaranteed to all tho citizens of the country .alike.
The meaning of guarantee under Article 25 of tho Constitution
came up for consideration in this Court in Ratilal Panachand Gandhi T.
The State of Bombay & Ors.(1) and it was held as follows:-
"Thus, subject to the restrictions
which
this Article
imposes, every person has a furidamental right under our
Constitution not merely to entertain such religiom• belief as
may be approved of by his judgment or conscience but to
exhibit his belief and ideas in such overt act~ as are enjoined
or ·sanctioned by his religion and further to propagate his
religiom views for the ediftcation of others."
------
·-·--
(!) [1954] S.Cl't. 10~5.
I
REV. STAINISLAUS V., MADHYA PRADESH (Ray, C.J.)
61 7
This Court has given the correct meaning of the Article, and we find
no justilication for the view that it grants a fundamental right to
convert persons to one's own religion. . It. has to be appreciated that
the freedom of religion enshrined in the' Article is not guaranteed in
respect of one religion only, but covers all religions alike, and it can
be properly enjoyed by a person if he exercises his right in a manner
commensurate with the like freedom of persons following the other
religions.
What is freedom for one, is freedom for the other, in
equal measure, and ·there can therefore be no such thing as a fundamental right to convert any person to one's own religion.
It was next been argued by counsel that the Legislatures of Madhya
Pradesh and Orissa States did not have legislative competence to pass
the Madhya Pradesh Act and the Orissa Act· respectively,
because
their laws regulate 'religion' and fall under the Residuary Entry 97 in
· List I of the Seventh.Schedule to the Constitution.
It is .~ot in controversy that the Madhya Pradesh Act provides for
the prohibition of conversion from one religion to another by use of
force or allurement, or by fraudulent means, and matters incidental
thereto.
The expressions "allurement" and 'fraud' have been defined
by the Act.
Section 3 of the Act prohibits conversion by use of
force or by allurement or by fraudulent means and section 4 penalises
such forcible conversion.
Similarly, section 3 of the Orissa Act p;:ohibits forcible conversion by . the use of force or by inducement or
by any fraudulent means, and section 4 penalises such forcible conversion.
The Acts therefore clearly provide for the maintenance of
public order for, i£ forcible conversion had not been prohibited, that
would have created public disorder in the States.
The
expression
"Public order"
is
of wide
connotation.
It must have_ the connotation which it is meant to provide as the very
first Entry in List II. It has been held by this Court in Ramesh
Thapper v. The Statt1 of Madra3(') that "public order" is, an expression of wide connotation and signifies state of tranquillity which
prevails among the members of a political society as a result of internal regulation~ enforced by the Government which they have established".
Reference may also be made to the decision in Ramjilal Modi v.
State of U. P. (') where this Court has held that the right of freedom
of religion guaranteed by Articles 25 and 26 of the Constitution is
expressly maqe subject to public order, morality and health, and that
"it cannot be predicated that freedom of religion can have no bearing
whatever on the maintenance of public order or that a law creating
an offence relating to religion cannot under any circumstances be
said to have been enacted in the interests of public 01der". It has
been held that these two Article's in terms contemplate that restrictions may be imposed on the rights guaranteed by them in the interests of public order.
Reference may as well be made to the decision
in Arun Ghosh v. State of West Benga1C) where it has been held
that if a thing disturbs the current of the life of the
community,
(1) (1950) S.CR. 594.
(2) (1957) S.C.R. 860.
(3) [1966) I S.C.R. 709.
A
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618
SUPREME COURT REPORTS
[1977] 2 S.C.R.
and
does_
not merely
affect
an individual, it would
amount
to
disturbance
of
the
public
order.
Thus if an attempt
is
made to raise communal passions, e.g. on the ground that some one.
has been "forcibly" converted to another religion, it would, in all
probability, give rise to an apprehension of a breach of the
public
order, affecting the community at large.
'f!ie impugned Acts therefore
fall within the purview of Entry I of List II of the Seventh Schedule
as they are meant to avoid disturbances to the public order by prohibiting conversion from one religion to another in a manner repi:ehensible to the conscience of the community. The two Acts do not provide
for the regulation of religion and' we do not find any justification for
the argument that they fall under Entry 97 of List I of the Seventh
Schedule.
In the result Civil Appeals No. 1489 and
1511
of 1974 and.
Criminal Appeal No. '255 of 1974 fail and are <Iismissed while Civil
Appeals No. ·344-346 of 1976 are allowed and the impugned judgment
of the Orissa High Court dated 24 October, 1972 is set aside.
The
parties shall pay and bear their own costs, in Madhya Pradesh appeals.
The State shall pay the respondent costs in the Orissa appeal according to previous direction.
P.H.P.
C.As. Nos. 1489 & 1511 of 1974 amt
Cr.. '1. No. 255 of 1974 dismissed.
C.As. Nos. 344-346 of 1976 allowed.