infant baptism, a representative image (Catholic Herald)
The apex court has shown mercy in the case involving the baptism of a minor child by reprieving the Catholic priest. The court has restrained the police from going ahead in this case under the anti-conversion law. The court has made shocking remarks against the police action, saying, “This is a clear misuse of the law”.
Notably, the woman of the minor child is a Christian and the father was a Hindu, the court stated that the child can be baptized as the minor follows the religion of the mother.
As per the reports, the priest who solemnized the ceremony has been accused of forceful religious conversion under the Gujarat Freedom of Religion Act of 2003. It was reported that the child was baptized without informing the father of the minor.
The father of the child filed a complaint in 2014 and the police in Gujarat had concluded the investigation. In 2020, however, police again began a probe following a complaint from a social worker, accusing the priest of violating the Gujarat Freedom of Religion Act which criminalises religious conversion through allurement, force and coercion.
As per the FIR, the school leaving certificate of the minor boy mentions him as Hindu, hence his conversion without the consent of the father and district judge was a breach of law. This is why the Gujarat High Court refused any relief in the matter.
After the Gujarat High Court refused to quash the FIR against the priest in this case, he moved to the apex court. The court has stayed the criminal proceedings against him.
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 is 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.”
Following the judgment, “The Supreme Court has done the right thing,” the priest said.
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