India: Court stays proceedings against priest accused of 'hurting religious sentiments'

Source: CSW

On 10 April the Supreme Court of India stayed all further criminal proceedings and summonses issued against a Roman Catholic priest from Uttar Pradesh, who had been on trial in the Allahabad High Court for allegedly hurting religious sentiments.

In a First Information Report (FIR) filed in the Muhammadabad Police Station, Mau District, Uttar Pradesh in 2023, Father Vincent Pereira was accused of hurting the religious sentiment of the Hindu community by claiming that Christianity was the only true religion while addressing believers during a church service.

He was formally charged under Section 295A of the Indian Penal Code, which criminalises 'deliberate and malicious acts' intended to outrage religious feeling, in February 2024, following which he approached the Allahabad High Court with a petition seeking to quash the charges. On 18 March 2026 the High Court dismissed the petition and refused to quash the case, on the grounds that claiming any one religion as the only true religion is wrong in a secular country like India because it may be derogatory to other faiths.

Father Pereira subsequently appealed to the Supreme Court, and on 10 April a bench comprising Justices Vikram Nath and Sandeep Mehta ordered that the court will now hear and decide the matter on its merit, until which no trial will take place, no summons need to be answered, and all criminal proceedings against Father Pereira will be completely halted. The court also issued notice to the Uttar Pradesh government on Father Pereira's petition challenging the Allahabad High Court's order.

Article 25(1) of the Indian constitution guarantees every citizen the fundamental right to freely profess, practise and propagate their religion, subject only to considerations of public order, morality, and health. Propagation includes the right to preach and share one's religious beliefs.

CSW's Founder President Mervyn Thomas said: "The Supreme Court order to stay proceedings against Father Pereira comes as a welcome step for religious minority communities across India. Such cases drain resources, create fear and discourage open religious practice, and raise serious constitutional concerns. We call on the Supreme Court to swiftly and conclusively acquit Father Pereira of the charges against him, rejecting the Allahabad High Court's view that no faith can claim exclusive truth, which effectively criminalises a key doctrinal belief of many religions, and affirming the right to freedom of religion or belief enshrined within the Indian constitution."