U.P.’s anti-conversion law
Context
Recently, the Uttar Pradesh Legislative Assembly passed the Uttar Pradesh Prohibition of Unlawful Conversion of Religion (Amendment) Bill, 2024. This bill amends the original 2021 anti-conversion law, making its provisions more stringent and expanding its scope for potential misuse.
Relevance:
GS-02 (Polity)
What is the Anti-Conversion Law?
The anti-conversion law in Uttar Pradesh, initially enacted in 2021, aims to prevent unlawful religious conversions through coercion, misrepresentation, and other fraudulent means. The 2024 amendment has further tightened these regulations. Key aspects include:
- Penalties:
- Increased minimum prison term from 1 year to 5 years, and maximum from 5 years to 10 years.
- Increased fines from ₹15,000 to ₹50,000 for general unlawful conversions.
- Enhanced penalties for conversions involving minors, women, or SC/ST individuals, with prison terms ranging from 5 to 14 years and fines up to ₹1 lakh.
- New Offences:
- Securing foreign or illegal funds for conversions: 7-14 years imprisonment and a ₹10 lakh fine.
- Using threats, force, or inducements to cause conversions: 20 years to life imprisonment.
- Complaint Registration:
- Any person can now file an FIR, expanding the original scope that allowed only aggrieved persons or their relatives to file complaints.
- Bail Provisions:
- All offences are cognisable and non-bailable.
- Twin conditions for bail similar to stringent laws like PMLA and UAPA, making bail difficult to obtain.
Concerns:
The amendments have raised significant concerns regarding potential misuse and infringement on individual rights:
- Stringency: The harsher penalties and broadened scope for filing complaints may lead to misuse against minority communities.
- Bail Restrictions: The stringent bail conditions effectively ensure that accused individuals remain in custody until trial completion, which could take years.
- Third-Party Complaints: Allowing any person to file a complaint increases the risk of misuse by individuals or groups with vested interests.
Arguments:
Against:
- Human Rights Violations: Critics argue that the law contravenes Article 25 of the Constitution, which guarantees freedom of religion.
- Potential for Misuse: The broad provisions for filing complaints can be exploited for harassment and targeting of minority communities.
For:
- Preventing Fraudulent Conversions: Proponents argue that the law is necessary to curb forced and fraudulent conversions, ensuring social harmony.
- Protecting Vulnerable Groups: The law aims to protect women, minors, and marginalized communities from coercion and exploitation.
Way Forward
- Judicial Review: The constitutional validity of the amendment is likely to be challenged in the Supreme Court. A thorough judicial review is essential to balance individual freedoms with state interests.
- Monitoring and Safeguards: Implementing strict monitoring mechanisms to prevent misuse and ensuring that genuine cases are not overlooked.
- Public Awareness and Education: Raising awareness about the law’s provisions and ensuring that communities understand their rights and the legal processes involved.
- Balanced Legislation: The government should consider revisiting and possibly revising the legislation to ensure it protects against fraudulent conversions without infringing on constitutional rights.
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