Gujarat HC refuses to grant relief to Christian woman who forced ASHA workers to convert: Here is what the court said
· OpIndia
The Gujarat High Court recently ruled that while a person has the right to propagate their religion, activities involving force, inducement, fraud or pressure for religious conversion can amount to an offence under the law. The court was hearing a plea filed by a female health worker accused of pressuring ASHA workers working under her to convert to Christianity. The High Court refused to quash the FIR and chargesheet and allowed the case to proceed before the trial court.
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What was the case
The case relates to allegations made by an ASHA facilitator and four other ASHA workers against a female health worker working at the Bamanva Primary Health Centre in Anand, Gujarat.
According to the complaint, for around three years, the ASHA workers were asked to stay back after government work and official health-related meetings were over. They were then spoken to about Christianity, encouraged to read the Bible and told that idol worship practised in Hinduism was wrong.
The complaint further said that the woman used to make the ASHA workers watch Christian videos on YouTube on her mobile phone. The videos discussed the return of Jesus Christ, the creation of a new world after the end of the present world, and various teachings of Christianity.
The women said that when Hindu employees refused to watch the videos or listen to such discussions, they were threatened with consequences at work. According to the complaint, they were told that their monthly allowance or salary could be cut and that they could lose their jobs. The complaint said this kept the women under constant mental pressure.
One incident mentioned in the case took place in Vadodara. The women were told that they were being taken there for a government health department meeting. However, after reaching Vadodara, they found that it was a large Christian religious programme.
According to the complaint, the women had been taken there in the name of a government meeting, where plays and speeches were held as part of an attempt to influence them towards Christianity.
Accused woman moved High Court
The accused woman later approached the Gujarat High Court seeking cancellation of the FIR and chargesheet.
Her lawyer told the court that she was a follower of Jehovah’s Witnesses and that spreading the teachings of the Bible was part of her religious belief. The lawyer argued that Article 25 of the Constitution gives every person the fundamental right to profess, practise and propagate their religion.
The defence said there had been no force or inducement to convert anyone. It argued that the woman had only given religious literature to the workers and shown them material available in the public domain. The lawyer also said that the Vadodara programme was voluntary.
The defence further claimed that the complaint was filed because of personal enmity. It also questioned whether the complainant could file a complaint on behalf of the other employees.
Another argument was that the chargesheet had been filed without taking prior permission from the District Magistrate and, therefore, the proceedings should be cancelled.
Police investigation and bank transactions
The government lawyer opposed the petition and told the court about the evidence collected during the investigation.
According to the government, the police found that copies of a Bible titled What the Holy Bible Teaches had been given to the complainant and other women. The accused woman’s mobile phone and laptop have also been sent to the FSL for examination.
The government lawyer said the accused woman was directly connected with an organisation called Jehovah’s Witnesses of India (JWI). The investigation into her links with the organisation and the financial transactions had also revealed transactions involving crores of rupees, the government said.
According to the details placed before the court, more than Rs 10 crore was deposited from a JWI account into the accused woman’s ICICI Bank account. More than Rs 7 crore was later withdrawn from the account.
Similarly, more than Rs 20 crore was deposited into her HDFC Bank account from JWI, of which more than Rs 19 crore was withdrawn.
Police also recovered a large quantity of Christian and Bible-related literature during a search at the accused woman’s house.
The material included Gujarati and Hindi-language Bible books, books on Bible study and Jehovah’s Witnesses, along with pamphlets related to the 2025 Great Convention– Devotion to Jehovah. Police also recovered several books, diaries and notebooks.
What did the Gujarat High Court say?
After hearing both sides, the Gujarat High Court said that Article 25 of the Constitution gives people the right to follow and propagate their religion. However, this right is subject to public order, morality and health.
The court said there is no restriction on voluntarily propagating one’s religion. But when force, fraud, inducement, threats or misuse of authority are involved, such activities do not get protection under the Constitution and can amount to an offence.
Referring to Supreme Court judgments, the High Court also observed that showing one’s own sect as superior while criticising another religion or idol worship goes against the principles of Indian secularism.
The court also rejected the argument that the complainant did not have the authority to file the case. It said that in serious cases involving illegal religious conversion, the meaning of an ‘aggrieved person’ has to be understood broadly. Any aggrieved person or organisation can approach the police to maintain law and order, the court said.
The High Court also rejected the argument regarding prior permission from the District Magistrate. The state government produced documents showing that the Anand District Magistrate had given the required legal approval on March 6, 2026.
The court also noted that although the accused woman did not have direct control over the salaries of the ASHA workers, she was their supervisor. Whether she used her position to influence or pressure the workers will be examined by the trial court.
The High Court said the evidence collected during the investigation prima facie showed that an offence had been made out. Therefore, the FIR and chargesheet could not be cancelled at this stage under the principles laid down in the Bhajan Lal case.
The court dismissed the woman’s petition and directed the trial court to hear the case independently and according to law.