SC stays criminal proceedings against Catholic priest under Gujarat anti-conversion law for baptising child

New Delhi: The Supreme Court on Friday (August 25) issued a temporary stay on the criminal proceedings against a Catholic parish priest in Gujarat for baptising a child at the request of the child’s Christian mother, who is estranged from her Hindu husband, as reported by LiveLaw on Saturday.

The priest has been accused of forceful religious conversion under the Gujarat Freedom of Religion Act of 2003. This stay will operate till the next date of the hearing. A bench of Chief Justice DY Chandrachud, JB Pardiwala, and Manoj Misra was hearing the pastor’s plea challenging the refusal of the Gujarat High Court to quash a first information report (FIR) lodged against him by the state police. Advocate Ketaki Jha appearing for the petitioner argued that Sections 3 and 4 of the Gujarat Freedom of Religion Act were not made out against him.

She said: “The child’s mother is a Christian, who has a baptism certificate. The father is a Hindu. In 2012, the baptism of the child took place. In 2014, there was a fall-out between the parents, and the father complained before the police superintendent, making the allegations which have now been made by a third party, a complete stranger…” “What is your point on merits?” Chief Justice Chandrachud asked.

“There is no conversion as far as the act is concerned because the child was brought up in a Christian family, and he attended church regularly with his mother,” Jha replied. After she made her submissions, the bench agreed to issue notice.

The order reads: “Counsel appearing on behalf of the petitioner submitted that on the face of the FIR, the provisions of Sections 3 and 4 of the Gujarat Freedom of Religion Act 2003 are not attracted, there being no conversion. The submission is that the mother of the child was originally a Christian and the petitioner who was a parish priest had baptised the child. Issue notice, returnable in three weeks. Liberty to serve the standing counsel for the State of Gujarat, in addition. Till the next date of listing, there shall be a stay of further proceedings arising from the FIR.”