Hindu Dharma Parishad v. The Union Of India

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.03.2021

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MRS.JUSTICE S.ANANTHI (Through Video Conferencing) Hindu Dharma Parishad Rep. by K.K.Ramesh Managing Trustee : Petitioner Vs.

1.The Union of India Rep. by its Home Secretary Ministry of Home Affairs, North Block, New Delhi 2.The Union of India, Rep. by Secretary Ministry of Law and Justice, Union Secretariat, New Delhi.

3.The State of Tamilnadu Rep, by its Chief Secretary Secretariat, Chennai 4.The State of Tamilnadu Rep. by its Home Secretary Home Department, Secretariat, Chennai.

5.The State of Tamilnadu Rep. by its Principal Secretary Law Department Secretariat, Chennai.

6.The State of Tamilnadu Rep. by Secretary Tamilnadu Legislative Assembly Secretariat, Chennai.

: Respondents PRAYER: Petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Mandamus to direct the respondents to establish a Board to make surveillance and monitor the Christian Missionaries Activities. Then only peace and unity and sovereignty of our nation will be protected by considering the petitioner's representation dated 07.11.2019. 1/3

For Petitioner : Mr.R.Kannan For Respondents : Mr.K.P.Krishnadoss for R3 to R6 Special Government Pleader.

Mr.SM.Sampathkumar for R1&R2

ORDER

(Order of the Court was made by M.M.SUNDRESH, J.) The petitioner has come forward to file this Public Interest Litigation seeking a direction to the respondent to establish a Board to make surveillance and monitor the Christian Missionaries Activities in pursuant to the representation made.

2. The prayer as sought for cannot be granted, as it is not for the Court to issue appropriate orders in this regard, since it lies within the jurisdiction of the State. However, the learned Special Government Pleader produced a copy of the Act 56 of 2002, which provides for prohibition of conversion from one religion to another by the use of force or allurement of by fraudulent means and for matters incidental thereto.

3. We can only hope and trust that the official respondents would give effect to the provision of the Act in letter and spirit. For the aforesaid purpose, the official respondents may make adequate Rules, as indicated in Section 7 of the Act 56/2002. We expect the District Magistrate to act in accordance with the said Act as and when compliance are received. The writ petition stands disposed of accordingly. No costs.

Sd/- Assistant Registrar (AD-II) // True Copy // / /2021 Sub Assistant Registrar(CS) RR Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

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To 1.The Home Secretary Ministry of Home Affairs, North Block, New Delhi 2.The Secretary Ministry of Law and Justice, Union Secretariat, New Delhi.

3.The Home Secretary Home department Secretariat, Chennai 4.The Principal Secretary Law Department Secretariat, Chennai.

5.The Chief Secretary Secretariat Chennai.

6.The Secretary Tamilnadu Legislative Assembly Secretariat, Chennai.

+1 CC to M/s.SPL GP ( SR-15003[F] dated 01/04/2021 ) +1 CC to M/s.R.KANNAN, Advocate ( SR-14981[F] dated 01/04/2021 ) Order made in Dated: 31.03.2021 RK (30.04.2021) 3P 9C 3/3