‘UP anti-conversion law reflects India’s secular spirit’: Allahabad HC makes important judgement, upholds strict enforcement of anti-conversion law

In a significant ruling, the Allahabad High Court recently denied bail to a man charged under multiple sections, including the stringent Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021. The court underscored that the primary objective of the Act has been to ensure religious freedom for all citizens. This Act, the court observed, was necessary to ensure social harmony and upholding the secular fabric of the nation.

Justice Rohit Ranjan Agarwal, who presided over the case, emphasized in his order that while the Constitution grants every individual the fundamental right to profess, practice, and propagate their religion, this right does not extend to a collective right to proselytize. He stated, “The right to religious freedom belongs equally to the person converting and the individual sought to be converted,” highlighting the balance between individual rights and societal interests.

The case that the Allahabad HC was hearing involved an accused named Azeem, who was charged under various sections of the Indian Penal Code, including 323 (voluntarily causing hurt), 504 (intentional insult with intent to provoke breach of peace), and 506 (criminal intimidation). The charges also included violations under the UP Prohibition of Unlawful Conversion of Religion Act. Azeem had been in jail since June 27 of the previous year.

The allegations against Azeem were serious. A woman claimed that Azeem had made explicit videos of her, used them for blackmail, and sexually exploited her. She further alleged that Azeem was pressuring her to convert to Islam, adopt non-vegetarian dietary habits, and wear traditional Muslim attire. According to the complaint, the woman was coerced into living with Azeem under duress and was forced to comply with his demands.

In his defense, Azeem argued that the woman had voluntarily entered into a relationship with him and later falsely accused him after leaving his home. He also contended that the woman had admitted to solemnizing their marriage in her statement.

However, the government counsel opposed Azeem’s bail application, asserting that the woman’s statements indicated she had been coerced into converting to Islam. It was also noted that her Nikah ceremony with Azeem was conducted without her formal conversion, which further violated the provisions of the anti-conversion law. Additionally, the woman’s father-in-law allegedly pressured her to participate in sacrificial rites during Bakrid, which she refused.

After reviewing the case, the court found that Azeem had violated Sections 3 and 8 of the UP Prohibition of Unlawful Conversion of Religion Act, which are punishable under Section 5 of the Act. The court concluded that Azeem had failed to present a sufficient case for bail and subsequently rejected his bail application.

The court reaffirmed the importance of the anti-conversion law, stating, “The basic object and reason for the enforcement of the Act was to guarantee religious freedom to all persons, reflecting the social harmony and spirit of India. The objective of this Act was to sustain the spirit of secularism in India.” The court also reiterated that the State has no religion, and all religions are equal before the law, ensuring that no religion is given preferential treatment.

In a related development, the Uttar Pradesh Assembly recently passed the UP Prohibition of Unlawful Conversion of Religion (Amendment) Bill, 2024, which significantly strengthens the existing law. The amended law introduces harsher penalties, including life imprisonment, for cases of fraudulent or forced conversions. The maximum punishment for deceiving a woman into marriage and converting her religion has been increased from 10 years to life imprisonment or 20 years, depending on the severity of the offense.

Moreover, the amended law allows any person to file an FIR in conversion cases, removing the previous requirement for the victim or their immediate family members to be present to lodge a complaint. Additionally, such cases will now only be heard in Sessions Courts, and bail applications will not be considered without giving the public prosecutor an opportunity to be heard. All crimes under the amended Act have also been made non-bailable, reflecting the state’s commitment to combating forced religious conversions.

This article is originally published on https://www.businesstoday.in/india/story/up-anti-conversion-law-upholds-indias-secular-spirit-allahabad-hc-makes-important-judgement-upholds-strict-enforcement-of-anti-conversion-law-441361-2024-08-13