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UP’s Anti-Conversion Law
Context:
The Uttar Pradesh Legislative Assembly passed the Uttar Pradesh Prohibition of Unlawful Conversion of Religion (Amendment) Bill, 2024, which aims to make its original 2021 anti-conversion law stricter to counter alleged unlawful religious conversions.
Purpose of the Amendment:
- Increase Stringency: The amendments aim to counter alleged involvement of foreign and anti-national elements in unlawful conversions.
- Enhanced Deterrence: The goal is to curb these activities more effectively and prevent demographic changes in the state.
Key Amendments:
Increased Penalties:
- General Unlawful Conversions: Minimum prison term raised from 1 to 5 years, maximum from 5 to 10 years, and fines increased from ₹15,000 to ₹50,000.
- Conversions Involving Minors, Women, or SC/ST Individuals: Penalties increased to 5-14 years in prison and fines up to ₹1 lakh.
New Offences Introduced:
- Foreign or Illegal Funds for Conversions: Punishable by 7-14 years in prison and a ₹10 lakh fine.
- Using Threats, Force, or Inducements: Punishable by 20 years to life imprisonment.
- Complaint Filing: Initially, only the aggrieved person or close relatives could file complaints. Now, any person can file a complaint.
Stringent Bail Conditions:
- All offences are now cognisable and non-bailable.
- Bail can only be granted if the public prosecutor is given an opportunity to oppose the bail application and the court believes the accused is not guilty and will not commit another crime if released.
Comparison with Other States:
Notification Requirements:
- Uttar Pradesh requires a 60-day notice and police inquiry for conversions.
- Other states like Madhya Pradesh, Himachal Pradesh, and Uttarakhand require a 30-60 day notice but without the police inquiry.
Filing Complaints:
- Other states limit complaints to the aggrieved person or immediate family.
- Uttar Pradesh allows any person to file an FIR.
Penalties:
- Uttar Pradesh: Minimum of 5 years, up to life imprisonment for severe cases.
- Other states: Sentences range from 2 to 10 years.
Concerns Raised:
- Harsh Penalties: The amended law introduces severe penalties, including up to 20 years or life imprisonment for targeting minors, women, or certain communities through coercion or force.
- Bail Conditions: Stringent bail conditions make it difficult for accused individuals to secure bail, requiring public prosecutor consent and a presumption of guilt.
- Third-Party Complaints: Allowing anyone to file complaints opens the door for misuse by communal organisations and individuals with vested interests, potentially targeting inter-faith couples.
- Potential Violation of Article 25: The constitutional validity of the amendment is expected to be challenged in the Supreme Court, especially concerning its alignment with the constitutional guarantee of freedom of religion.
Way Forward:
- Promote Awareness of Rights: Implement comprehensive public awareness campaigns to educate citizens about their legal rights concerning religious conversion and inter-faith marriages.
- Legal and Constitutional Review: Stakeholders, including civil society organisations and legal experts, should actively pursue legal challenges against the amended law in the Supreme Court of India.
