Gujarat HC Refuses to Quash Anti-Conversion Case Against ASHA Worker; Says Article 25 Does Not Protect Conversions Through Force or Coercion

The Gujarat High Court has refused to quash criminal proceedings against an ASHA (Accredited Social Health Activist) supervisor accused of allegedly using her official position to pressure subordinate health workers into embracing Christianity, holding that the constitutional right to propagate religion does not extend to conversions brought about through force, fraud, coercion or undue influence.

Justice M.K. Thakker, in an order passed on July 31, dismissed a petition filed by Namrata Macwan, observing that the allegations and evidence collected during the investigation disclosed a prima facie cognisable offence under the Gujarat Freedom of Religion Act, 2003, warranting a full criminal trial rather than judicial intervention at the preliminary stage.

Rejecting Macwan's plea to set aside the FIR and chargesheet, the High Court clarified that while considering a petition for quashing criminal proceedings, it was only required to determine whether the allegations disclosed the commission of a cognisable offence, not whether the prosecution would ultimately secure a conviction.

"The allegations made in the FIR, coupled with the material collected during the investigation, prima facie disclose the commission of cognisable offences under the Gujarat Freedom of Religion Act," the court observed.

Senior Advocate Mihir Joshi, appearing for Macwan, argued that she belongs to Jehovah's Witnesses, a Christian denomination known for religious evangelism, and was merely exercising her constitutional right to propagate her faith under Article 25.

The court further held that Article 25 of the Constitution guarantees every citizen the freedom to profess, practise and propagate religion, but this protection does not extend to conversions allegedly secured through coercion, misrepresentation, fraud or abuse of authority. Referring to Supreme Court jurisprudence, including the Durga Yadav ruling, the High Court reiterated that anti-conversion laws are intended to safeguard genuine freedom of conscience while preventing exploitative religious conversions.

According to the prosecution, Namrata Macwan, an ASHA supervisor associated with Gujarat's public health system, allegedly used her supervisory authority over an ASHA facilitator and four ASHA workers between 2022 and 2024 to persuade them to convert to Christianity.

The complainant alleged that after official health meetings, Macwan routinely asked the women to remain behind, criticised idol worship, encouraged them to read the Bible, distributed Christian literature and screened religious videos promoting Christianity.

Investigators further alleged that Macwan organised a trip to Vadodara, describing it as an official health-related programme. However, according to the complaint, the gathering turned out to be a Christian religious event where pastors delivered sermons and several individuals narrated testimonies describing how conversion had transformed their lives.

The prosecution also alleged that participants were encouraged to embrace Christianity and that women attempting to leave the programme were threatened with adverse consequences related to their employment and salaries.

One of the key arguments advanced by Macwan's counsel was that the complainants voluntarily attended the Vadodara programme and even shared meals there, indicating there was no coercion.

The High Court rejected this contention, observing that voluntary attendance at the event did not automatically preclude the possibility that the attendees had been induced by misrepresentation or an abuse of authority.

The court noted that the investigation suggested Macwan highlighted the alleged benefits of conversion by referring to experiences narrated during the programme and that these allegations required examination during trial rather than at the stage of quashing proceedings.

Another important aspect of the judgment relates to Macwan's official position.

Although the defence argued that she exercised no authority over the complainant, the High Court observed that as an ASHA supervisor she occupied a supervisory role over the complainant and other ASHA workers, making allegations of workplace pressure legally relevant.

The court held that the alleged threats relating to salary and employment could not be brushed aside at the threshold and deserved examination during trial.

According to the police chargesheet, Macwan and members of her family are associated with Jehovah's Witnesses and were allegedly engaged in organised religious conversion activities.

The chargesheet reportedly also alleges that the family received approximately ₹30 crore from the organisation for activities linked to religious conversions. These allegations form part of the prosecution's case and are yet to be tested before the trial court. Macwan has denied wrongdoing, maintaining that she merely exercised her constitutional right to propagate her faith.

The criminal trial is currently pending before the Sessions Court in Gujarat.

The ruling assumes significance as debates over state anti-conversion legislation continue across the country. Gujarat is among several states that have enacted Freedom of Religion laws aimed at preventing religious conversions through force, fraud, coercion or allurement.