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

GS-3 Mains : Polity 
Short Notes or Revision Notes 

Question : Analyze the key provisions of Uttar Pradesh’s Prohibition of Unlawful Conversion of Religion Act, 2021, and assess its implications for religious freedom and social harmony in the state.

Context:

• Allahabad High Court refused to quash an FIR against a Muslim man in an interfaith live-in relationship.
• Cited Uttar Pradesh’s Prohibition of Unlawful Conversion of Religion Act, 2021.

Key Provisions:

• Definition of Illegal Conversion:
  • Prohibits religious conversion using misrepresentation, force, coercion, undue influence, or allurement.
  • Includes conversion by solemnization of marriage or relationship.
• Lodging of FIR:
  • Section 4 allows any aggrieved person or their relatives to lodge an FIR for illegal conversion.
• Punishment:
  • Imprisonment of 1-5 years and a fine of Rs. 15,000 for standard cases.
  • Increased punishment for victims who are women, minors, or belong to Scheduled Castes/Tribes.
  • Mass conversions attract 3-10 years imprisonment and a fine of Rs. 50,000.
• Conversion Process:
  • Requires two declarations submitted to the District Magistrate.
  • First declaration asserts voluntary conversion without coercion.
  • Second declaration includes personal details and conversion ceremony specifics.
  • Magistrate conducts a police inquiry to ascertain the “real intention” of conversion.
  • Copies of declarations are posted for public objections.

Arguments in Favour:

• Prevention of Forced Conversions:
  • Act aims to prevent coerced conversions exploiting vulnerable individuals.
• Preservation of Social Harmony:
  • Regulating conversions maintains social harmony between religious communities.
• Deterrence Against Conversion Rackets:
  • Serves as a deterrent against fraudulent religious organizations.
• Promotion of Religious Freedom with Responsibility:
  • Balances religious freedom with ethical and transparent conversion practices.
• Backing from Public Opinion:
  • Reflects concerns of a significant portion of Uttar Pradesh’s population.

Arguments Against:

• Constitutional Concerns:
  • Violates fundamental rights like freedom of religion and privacy.
• Ambiguity in Definitions:
  • Vague terms like “coercion” and “allurement” lead to arbitrary interpretation.
• Impact on Interfaith Relationships:
  • Could be misused to target interfaith couples, especially Hindu-Muslim relationships.
• Burden of Proof:
  • Places burden of proof on accused to demonstrate conversion legality.
• Social Polarization:
  • Risks exacerbating communal tensions and polarizing communities.

Way Ahead:

• Legal Defense:
  • Uttar Pradesh government defends the law as necessary for preventing forced conversions.
• Judicial Interpretation:
  • Resolution may depend on judicial interpretation and potential amendments.

Conclusion:

• The Act’s contentious nature reflects the ongoing debate between protecting religious freedom and preventing coerced conversions.
• Balancing these interests requires careful consideration of constitutional principles and societal harmony.