GS2 – Governance
Context:
The Uttarakhand Cabinet has approved amendments to the Freedom of Religion Act, 2018, making it among the strictest anti-conversion laws in India.
Features of the 2025 Bill:
- Expanded Scope: Criminalises “incitement or conspiracy by any means,” including digital platforms such as emails, messaging apps, and social media.
- New Offences:
- Derogatory portrayal of one religion over another.
- Concealing religion to facilitate marriage (punishable by 3–10 years imprisonment and ₹3 lakh fine).
- Victim Definition: Now includes legal guardians and heirs.
- Property Confiscation: District Magistrates can seize unlawfully obtained property.
- Burden of Proof: Shifted to the accused to prove innocence, diverging from standard criminal law principles.
Comparison with UP Anti-Conversion Law (2024):
- Similar punishments for conversions involving minors, women, SC/ST individuals (5–14 years + ₹1 lakh fine), and life imprisonment for trafficking-linked conversions.
- Key difference: UP allows third-party complaints; Uttarakhand restricts complaints to victims and relatives.
Punishments under the 2025 Bill:
- Fraudulent conversion: 3–10 years imprisonment + ₹50,000 fine.
- Conversion involving minor, woman, SC/ST, or disabled: 5–14 years + ₹1 lakh fine.
- Mass conversion (≥2 people): 7–14 years + ₹1 lakh fine.
- Conversion via threat, assault, trafficking, or marriage deceit: Up to 20 years/life imprisonment + rehabilitation compensation.
- Foreign or banned funding: 7–14 years rigorous imprisonment + ₹10 lakh fine.
Evolution of Anti-Conversion Laws in Uttarakhand:
- 2018 Act: Max punishment 5 years for forced conversion.
- 2022 Amendment: Harsher penalties (2–7 years), cognizable/non-bailable offences, prior declaration to DM, FIRs by family members.
- 2025 Bill: Much stricter with broader definitions (including digital incitement), enhanced DM powers, and limited third-party complaints.