PROHIBITION OF UNLAWFUL CONVERSION OF RELIGION (AMENDMENT) BILL, 2024

NEWS: U.P. House passes Bill to amend law against conversion

 

WHAT’S IN THE NEWS?

Key Provisions:

  1. Prohibited Actions:
    1. Religious conversions through misrepresentation, force, undue influence, coercion, allurement, or fraudulent methods are illegal.
    2. Conversion by marriage or relationship may also be considered illegal.
  2. Reporting and Punishment:
    1. Any aggrieved person or their family can file an FIR for illegal conversion.
    2. General punishment: 1-5 years imprisonment and a fine of at least Rs. 15,000.
    3. If the victim is a woman, minor, or belongs to SC/ST: 2-10 years imprisonment and a fine of at least Rs. 25,000.
    4. Mass conversion: 3-10 years imprisonment and a fine of at least Rs. 50,000.
  3. Conversion Process:
    1. Two declarations to the District Magistrate are required.
    2. The first declaration must state that the person chooses to convert without force or allurement.
    3. A police enquiry will ensure the conversion's legitimacy.
    4. The second declaration details the conversion ceremony, which will be made public for objections.

 

Proposed Amendments:

  • Increase maximum punishment to life imprisonment.
  • Allow any individual to report a complaint.
  • Make bail more difficult to obtain.

 

Arguments Against the Law:

  • Constitutional Concerns:
    • Violates rights to freedom of religion and privacy.
    • The state should not regulate individual religious choices.
  • Ambiguous Definitions:
    • Terms like "coercion," "fraud," and "allurement" are vague, risking misuse by law enforcement.
  • Impact on Interfaith Relationships:
    • Could be misused to target interfaith couples, especially Hindu-Muslim relationships.
  • Burden of Proof:
    • Places the burden on the accused to prove that conversion was not coerced.
  • Social Polarization:
    • Potential to increase communal tensions and disharmony.

 

Arguments in Favour of the Law:

  • Preventing Forced Conversions:
    • Protects vulnerable individuals, especially women and marginalized groups, from forced conversions.
  • Preserving Social Harmony:
    • Regulates conversions to maintain social peace.
  • Deterrence Against Conversion Rackets:
    • Acts as a deterrent to fraudulent religious groups exploiting individuals.
  • Balanced Religious Freedom:
    • Aims to safeguard religious freedom while preventing abuses.
  • Public Support:
    • Reflects concerns of a significant portion of Uttar Pradesh's population regarding religious conversions.

 WAY FORWARD:

  • The government defends the law as essential to preventing forced conversions and protecting religious freedom.
  • Judicial interpretation and potential amendments may address challenges and criticisms.

Source: https://epaper.thehindu.com/ccidist-ws/th/th_delhi/issues/93144/OPS/GR6D4MK5R.1+GMAD4OP69.1.html