Daily Hot Topic
Topic : Prohibition of Unlawful Conversion of Religion (Amendment) Bill, 2024

GS-2 Mains  : Polity

Context

The Uttar Pradesh Government has introduced the Prohibition of Unlawful Conversion of Religion (Amendment) Bill, 2024 to tighten the existing anti-conversion law.

Uttar Pradesh’s Prohibition of Unlawful Conversion of Religion Act, 2021

The Act forbids the conversion of a person’s religion through misrepresentation, force, undue influence, coercion, allurement, or fraudulent means. Conversions through marriage or relationship are also deemed illegal under this law.

• Complaint Filing: Any aggrieved individual or their relatives can file an FIR against illegal conversions.
• Punishments:
  • General punishment ranges from 1-5 years of imprisonment with a minimum fine of Rs. 15,000.
  • If the victim is a woman, minor, or belongs to a Scheduled Caste or Scheduled Tribe, the punishment increases to 2-10 years and a minimum fine of Rs. 25,000.
  • Mass conversions carry a punishment of 3-10 years and a minimum fine of Rs. 50,000.
• Conversion Process:
  • The individual must submit two declarations to the District Magistrate.
  • The first declaration should state that the conversion is voluntary without any external pressure.
  • The Magistrate will conduct a police enquiry to ascertain the true intention behind the conversion.
  • The second declaration will include personal, religious details, and information about the conversion ceremony.
  • The Magistrate will then display the second declaration publicly for objections.

Key Proposed Amendments

The Bill proposes to:

• Increase the maximum punishment from 10 years to life imprisonment.
• Broaden the scope to allow any person to file a complaint.
• Make bail provisions more stringent.

Arguments Against the Law

• Constitutional Concerns: The law is seen as infringing on the fundamental rights guaranteed by the Indian Constitution, such as the right to freedom of religion and the right to privacy. It is argued that the state lacks the authority to control an individual’s religious choices.
• Ambiguity: The vague definitions of terms like “coercion,” “fraud,” and “allurement” could lead to arbitrary enforcement and misuse.
• Impact on Interfaith Relationships: The law could be misused to target interfaith couples, especially in Hindu-Muslim relationships, by alleging coercive conversions.
• Burden of Proof: The Act places the burden of proof on the accused to demonstrate that the conversion was not coerced, which contradicts the principles of natural justice.
• Social Polarization: The law could intensify social tensions and polarize communities along religious lines, exacerbating communal disharmony.

Arguments in Favour of the Law

• Prevention of Forced Conversions: The primary aim is to prevent forced conversions carried out through coercion, fraud, or allurement, protecting vulnerable individuals, particularly women and marginalized communities.
• Preservation of Social Harmony: Regulating religious conversions is seen as a means to maintain social harmony and prevent inter-religious tensions.
• Deterrence Against Conversion Rackets: The Act acts as a deterrent against fraudulent religious organizations and conversion rackets that exploit individuals.
• Balanced Religious Freedom: The law aims to balance religious freedom with responsibility, ensuring conversions are ethical and transparent.
• Public Support: The law reflects the concerns of a significant portion of Uttar Pradesh’s population, where religious conversions have been a contentious issue.

Way Ahead

Despite the criticisms, the Uttar Pradesh government maintains that the law is essential to prevent forced conversions and uphold individuals’ rights to practice their religion freely. The final resolution of these issues may depend on judicial interpretation and potential future amendments to the Act.