UP Govt tables Bill to make anti-conversion law more stringent

INCREASING THE maximum punishment from 10 years to life imprisonment; widening the ambit to allow any person to file a complaint; making bail more difficult — these are among the key changes proposed in the Uttar Pradesh Prohibition of Unlawful Conversion of Religion (Amendment) Bill, 2024, tabled in the Assembly on Monday.

Saying that the existing provisions under the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021, are “not sufficient”, the government sought to make its anti-conversion law more stringent.

“Keeping in mind the sensitivity and seriousness of the crime of illegal religious conversion, the dignity and social status of women, and the organised and planned activities of foreign and anti-national elements and organisations in illegal religious conversion and demographic change, it has been felt that the amount of fine and penalty provided in the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act should be increased and the bail conditions should be made as stringent as possible,” said the Bill’s statement of reasons.

“As the existing penal provisions of the Act are not sufficient to prevent and control religious conversion and mass conversion in respect of minor, disabled, mentally challenged person, woman or person belonging to Scheduled Caste or Scheduled Tribe, thus there is a need to amend the aforesaid Act. It has been decided that, in addition to the above, it has also become necessary to resolve certain difficulties that have arisen in the past in various cases regarding legal matters… (related) to Section 4 of the Act,” it said.

The key changes proposed in the Bill are:

* While the existing Act allows any aggrieved person, his/ her parents, brother, sister or anyone related by blood, marriage or adoption to lodge the First Information Report (FIR) in case of an unlawful conversion, the Bill widens the ambit of this provision to include “any person”. “Any information related to violation of the provisions of the Act can be given by any person,” it says.

* In a new provision, the Bill states that any person who, with intent to cause religious conversion, puts any person in fear of his life or property, assaults or uses force, promises or instigates marriage, conspires or induces any minor, woman or person to traffic or otherwise sells them or abets, attempts or conspires in this behalf, shall be punished with rigorous imprisonment of not less than 20 years, which can extend to life imprisonment.

The fine imposed under this section would be paid to the victim for medical expenses and rehabilitation. “The court shall also approve appropriate compensation payable by the accused to the victim of the said religious conversion, which may be up to Rs 5 lakh, which shall be in addition to the fine,” says the Bill.

* In another addition, the Bill says that whoever receives money from any foreign or illegal institution in connection with unlawful religious conversion shall be punished with rigorous imprisonment for a term which shall not be less than seven years but which may extend to 14 years, and shall also be liable to pay a minimum fine of Rs 10 lakh.

* According to the Bill, whoever contravenes the provision in relation to a minor, disabled or mentally challenged person, woman or person belonging to a Scheduled Caste or a Scheduled Tribe, will face rigorous imprisonment for up to 14 years, and will also be liable to pay a fine not less than Rs 1 lakh. The existing Act provides for punishment up to 10 years, while the minimum fine is set at Rs 25,000.

* In cases related to mass religious conversions, the proposed punishment is 7-14 years imprisonment with minimum fine of Rs 1 lakh, instead of the current 3-10 years imprisonment with minimum fine of Rs 50,000.

* Section 7 of the existing Act states: “Notwithstanding anything contained herein, all offences under this Act shall be cognizable and non-bailable and shall be triable by the Court of Session.” An additional sub-clause has been added to this to make bail provision more stringent. “A person accused of any offence punishable under the Act, if in custody, shall not be released on bail unless the public prosecutor is given an opportunity of opposing the application for bail for such release, or where the public prosecutor opposes the application for bail, the session court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that no offence can be committed by him while on bail,” it states.

This article is originally published on https://indianexpress.com/article/cities/lucknow/up-govt-tables-bill-to-make-anti-conversion-law-more-stringent-9483643/