The petition before the Court stated that, "Centre has failed to control menace of deceitful religious conversion, though it's duty under Articles 14, 21 and 25. It is empowered to make special provisions for benefit of women-children under Article 15 of the Constitution. Also freedom of conscience, free profession, practice and propagation of religion is subject to public order, morality, health and other of Part-III of the Constitution of India." "Directive Principles are affirmative instructions to secure social economic political justice; liberty of thought expression belief faith worship; equality of opportunity and to promote fraternity, assuring dignity of individual, unity and integrity. But Centre has not taken steps to secure these high ideals" the petition added.

The petition pointed out that, "Situation is alarming as many individuals and organizations are carrying mass conversion of SC-STs in rural areas. The mass conversion of socially economically under privileged people, particularly belonging to SC-ST is on a steep rise for last 2 decades. These organizations operate very smoothly targeting socially economically under privileged sections particularly belongs to SC-ST community."

The petition also contended that the intimidation and exploitation of the most vulnerable segments of society are primarily rooted in a surge of international conversion campaigns.  

The petition also apprised the court that the Missionaries place tribal belt as their targets as the tribal belts are mostly illiterate regions. These areas are the most socially backward and this social backwardness opens opportunities for missionaries to work among the deprived classes for their socio-economic cultural educational development and through that spread message of gospel which eventually results in conversion. It was also stated that if the coversions are not checked Hindus would soon become a minority.

The petition thus put forward the following questions of law before the Court:

1. Whether deceitful religious conversion offends Articles 14, 21 and 25?

2. Whether Centre is obligated to control deceitful religious conversion?

3. Whether Apex Court can direct the Law Commission to draft a bill?

Ashwini Kumar Upadhyay vs Union of India and Ors. – WP (C) 63/2022