India: The Supreme Court cautions NGO's from making allegations which would disturb the country’s secular fabric

The Hindu

New Delhi, August 8, 2014

Country’s secular fabric should not be disturbed, observes SC

J. Venkatesan

The Hindu "We are a secular state and everything should be done that protects the secular fabric," the Supreme Court observed on Friday. File photo

The Supreme Court on Friday cautioned non governmental organisations from making allegations which would disturb the country’s secular fabric.

A three-judge bench of Chief Justice R.M. Lodha and Justices Kurian Joseph and Rohinton Nariman, hearing a writ petition filed by NGO Jayati Bharatam, seeking a SIT probe into incidents of conversion of Hindu girls into Muslims, said making averments without any supporting material would disturb the secular fabric.

The Chief Justice of India (CJI) told counsel Vishnu Shankar Jain, appearing for the NGO “this is a secular state. Don't try to bring religion into the court. We are also concerned with the matter and you are also saying it is serious. But the colour which you are giving is also concerning us. We are concerned with the law point. You should not do anything or do anything by word of mouth which disturbs peace. We are a secular state and everything should be done that protects the secular fabric. Nobody should do things to disturb the secular fabric.”

The counsel said there was kidnap and gang rape of girls in Western Uttar Pradesh, where girls were being forced to convert as Muslims. He said about 40 to 50 girls were held captive and they would be converted into Islam and pleaded for a SIT probe.

When the CJI wanted to know whether the NGO had made any representation to the authorities or the National Commission for Women (NCW), the counsel said though representations were made, the State government was not taking any action. He alleged that vote bank politics was coming in the way of taking effective steps and Madrasas in U.P. had become a hub for forced conversion.

The CJI said, “You don't produce anything to show that you made a representation to NCW. You don't have anything to show you made representation to police. You have made vague statements. Though there are allegations that 40 to 50 girls have been kidnapped and gangraped, none of the parents of have filed any complaint.” The counsel then withdrew his petition with liberty to file a fresh one deleting objectionable references.