Context: Recent amendments to Uttar Pradesh’s anti-conversion law have intensified its controversial aspects.
- Background: The amendments to the 2021 Act were introduced with the justification that the original penal provisions were inadequate to prevent and control religious conversion and mass conversion.
- 2021 Act Overview: The Act prohibits the conversion of minors, people with disabilities, women, and SC/ST individuals through “unlawful” means. It considers ‘conversion by marriage’ as unlawful and requires prior notification to authorities for those wishing to change their religion.
Amendments:
- Increased Penalties:
- Imprisonment has been extended to up to 20 years (previously 10 years) or even life for conversions involving force, threat, coercion, or ‘promises or instigation of marriage’.
- For receiving foreign funds related to unlawful conversions, imprisonment ranges from 7 to 14 years and a fine of at least ₹10,00,000.
- Stringent Bail Conditions: Similar to the PMLA and NDPS Acts, bail can only be granted if the public prosecutor does not oppose it, and the court is satisfied with the accused’s innocence and unlikely to reoffend.
- Filing of Cases: Anyone can file an FIR for suspected forcible or fraudulent conversions.
Criticisms:
- Potential for Misuse: Strengthening the anti-conversion law may exacerbate its misuse and violations of fundamental rights.
- Stringent Bail Requirements: The tougher bail conditions contribute to the perception of the offense’s severity.
- Fundamental Rights Violations: The amendments could infringe upon fundamental rights and reflect a regressive mindset inconsistent with a progressive democratic framework.
- Impact on Interfaith Marriages: The law may empower communal organizations to target individuals involved in interfaith marriages.
Way Forward:
- Uphold Constitutional Guarantees: Amend the law to comply with fundamental rights, particularly freedom of religion and personal liberty, as affirmed by the Supreme Court in the Shafin Jahan vs. Ashokan K.M case (2018).
- Prevent Law Abuse: Introduce safeguards to prevent misuse, such as restricting complaint filings to directly affected parties and conducting preliminary investigations.
- Protection for Interfaith Marriages: Ensure protection for interfaith marriages, in line with the Supreme Court’s ruling in Lata Singh vs. State of Uttar Pradesh (2006).
- Ensure Fair Bail Process: Avoid denying bail without strong evidence of coercion or fraud, as emphasized in the Arnesh Kumar vs. State of Bihar case (2014).
- Strengthen Judicial Oversight: Implement strong judicial oversight to prevent misuse of the law and uphold constitutional values. The Gujarat High Court’s stay on certain provisions of the Gujarat Freedom of Religion (Amendment) Act of 2021 highlights the importance of protecting interfaith couples.
- Conduct Awareness Campaigns: Collaborate with civil society and legal experts to educate citizens about religious conversion laws and interfaith marriage rights.