INTRODUCTION
UP Chief Minister Yogi Adityanath Nath recently introduced a new anti-conversion bill by amending the “Uttar Pradesh Prohibition of Unlawful Conversion of Religious Act,2021[1]. This amendment will make the anti-conversion law more stringent.[2] Many amendments have been made by the BJP government making its enforceability wider.
Why are Anti-Conversion laws prevalent in India?
In India, one can find legislation related to Anti-Conversion from the colonial era. The assumptions regarding this legislation are public safety, apostasy, forced conversion and other related matters. After Independence, laws in India for anti-conversion were made mostly with two assumptions firstly, people are not willing to convert to other religions i.e. they are being coerced to do so. Secondly, certain sections of some religions are more vulnerable to coerced conversion compared to others.[3] There is always a fear among the majority class of society that they will become a minority if people from their religion keep converting to other religions and they will minor in their own country.
Roots of Anti-Conversion Laws in India
Laws related to anti-Conversion laws can be traced back to the colonial era. Many princely Hindu states in the latter half of the 1930s and 1940s enacted Anti-Conversion laws. It was done to deal with the fear of upsurging conversion by British Missionaries.[4] Some of the laws that were enacted at that time include the Raigarh State Conversion Act, 1936[5]; the Surguja State Apostasy Act, 1942[6]; and the Udaipur State Anti-Conversion Act, 1946.[7]
After Independence, our parliament tried to enact several Anti-Conversion laws but failed to do so. First, the Indian Conversion (Regulation and Registration) Bill was introduced in 1954, which sought to enforce the “licensing of missionaries and the registration of conversion with government officials.” This bill failed to gather majority support in the lower house of Parliament and was rejected by its members. This was followed by the introduction of the Backward Communities (Religious Protection) Bill in 1960, “which aimed at checking conversion of Hindus to ‘non-Indian religions’ which, as per the definition in the Bill, included Islam, Christianity, Judaism and Zoroastrianism,” and the Freedom of Religion Bill in 1979, which sought “official curbs on inter-religious conversion.” These bills were also not passed by Parliament due to a lack of parliamentary support.[8]
LEGAL FRAMEWORK REGARDING ANTI-CONVERSION LAWS
As we know the Indian constitution guarantees citizens the right to religion under Article 25 which allows “freedom of conscience and free profession, practice and propagation of religion.”[9]
It gives citizens of India the right to believe, practice, and protect their religious beliefs under this article. It puts reasonable restrictions while enjoying these rights in the interest of public order, morality, and health.
JUDGEMENT OF SUPREME COURTS ABOUT ANTI-CONVERSION.
Shafin Jahan vs Asokan K.M & Ors[10].: In this case right to marry a person of one’s own choice was upheld by the Supreme Court. This case is famously known as the Hadiya case. The respondent made an allegation that his daughter, Hadiya alias Akhila has been forcibly converted to Islam on the pretext of marriage. High Court had ruled in favour of her father and ordered her to live in the custody of her parents, but the Supreme Court overruled this judgement and affirmed her right to live in the manner she chose and marry the person of her choice.
K.S. Puttaswamy vs Union of India[11]: The right of an individual to make vital decisions in life comes under the right to privacy which was made a fundamental right by this judgment. As marriage is one of the vital decisions of one’s life, it is automatically covered under it.
S, Pushpabai vs. C.T. Shelvaraj[12]: In this case, the Supreme Court affirmed the right of a person to convert to any other faith as long as the conversion is voluntarily done and is genuine. Court emphasized that any amount of coercion will violate the freedom of religion which is the fundamental right of any citizen.
Sarla Mudgal vs. Union of India[13]: In this landmark judgement the court settled the ambiguity surrounding the rights, obligations and duties of people who change their religion to do bigamy and in turn defeat the law. The court held that if a Hindu subsequently marry a second person after changing the religion, then it becomes void. It held that the right to change religion can’t be used to defeat the law and perform bigamy.
CONTROVERSIES REGARDING ANTI-CONVERSION LAWS
There are many controversies regarding Anti-Conversion laws in India. Critics argue that it is against marriages i.e. right to choose your willful partner. Emphasis on ‘love jihad’ is also made and allegations are made that Muslim youths are being targeted through this type of law. There are very little to no convictions in matters related to conversion and it is only enacted to detain people who want to practice their rights given in Article 21[14]– right to life and personal liberty and Article 14[15]– Right to Equality.
AMENDMENTS MADE IN THE NEW ANTI-CONVERSION LAW OF UP.
Who can make complaints?
In earlier acts, only “any aggrieved person” or close relatives could file a complaint, but the new amended act allows “any person” to file an FIR for any violation of this act. The closed relative means brother, sister, parents who are related to blood but police official mostly used to allow any person even local elected body and this was clarified by Allahabad High Court many times.
Bail Provisions.
This amendment has made the bail provision more stringent. In this amended act all the offences are made cognizable and non-bailable, adjudicated by a session court or higher judicial forums.
Stringent “twin conditions of bail” similar to the Prevention of Money Laundering Act and Unlawful Activities (Prevention) Act, 2002.[16]
Revision of Section 7 of this Act.
The burden of proof is on the accused to prove his/her innocence which makes the bail difficult until the completion of the trial. The public prosecutor will contest the case then only bail can be granted. Here the public prosecutor will firstly be given the opportunity to contest on bail plea and only after there are reasonable grounds given for bail so that the accused will not harm the petitioner while released on bail. This confirmation can only grant bail to the accused.
Changes in Penalties.
The minimum prison term has been increased from 1 year to 5 years and the maximum prison term has been increased from 5 years to 10 years. The fine has been increased from Rs. 15,000 to Rs 50,000. A new offence has been added, if a person secures “foreign” funds for unlawful conversion then a jail term of 7-14 years and a fine of Rs 10 lakhs. [17]
CONCLUSION
UP recent conversion law and similar laws in different states of India represent a complex interplay between protecting religious freedom and prevention of coerced conversion in India. There are supporters and critics of these laws. Critics argue that the vague term written in this type of act is only for misuse and torturing people in the name of religion. Recent amendments made by the UP government made it more stringent by increasing penalties, anyone can file a case under violation of this act. the BJP government argues that it is to stop the mass conversion of vulnerable classes of people in society. Arguments will keep happening around controversial laws like this, but it is important to strike a balance in society and it can be only possible if laws are implemented with due care and fair and impartial implementation. A country like India needs to have a proper dialogue and discussion about the matter at hand to maintain the secularism of our country.
Author(s) Name: Priya Dutt (Chanakya National Law University)
References-
[1] Uttar Pradesh Prohibition of Unlawful Conversion of Religious Act,2021.
[2] Ajoy Sinha Karpuram, ‘UP govt proposes strengthening anti-conversion law: why, what are the key changes?’ (01 August, 2024) < https://indianexpress.com/article/explained/explained-law/up-govt-proposes-strengthening-anti-conversion-law-9485220/> accessed on 8 August, 2024
[3] Ms. Aporva Shekhar, ‘Anti-Conversion laws in India’(August 17, 2021) <https://blog.ipleaders.in/anti-conversion-laws-indian/#Loopholes_existing_in_the_law_and_possible_solutions> accessed on 8 August, 2024
[4] Tariq Ahmad, ‘ State Anti-Conversion Laws in India’ (2018) The Law Library of Congress, Global Legal Research Centre <https://maint.loc.gov/law/help/anti-conversion-laws/india.php> accessed on 8 August, 2024
[5] Raigarh State Conversion Act, 1936
[6] Surguja State Apostasy Act, 1942
[7]Udaipur State Anti-Conversion Act, 1946
[8] Tariq Ahmad, ‘ State Anti-Conversion Laws in India’ (2018) The Law Library of Congress, Global Legal Research Centre <https://maint.loc.gov/law/help/anti-conversion-laws/india.php> accessed on 8 August, 2024
[9] Constitution of India (November 26, 1949), s. Article 25
[10] Shafin Jahan vs Asokan K.M & Ors [2018] SC 16, [2018] SCC 1136
[11] K.S. Puttaswamy vs Union of India [2018] SC 10, [2018] SCC 4161.
[12] S, Pushpabai vs. C.T. Shelvaraj [2023] SCC
[13] Sarla Mudgal vs. Union of India [1995] SC 3, [1995] SCC 635.
[14] The Constitution provides in Article 21.
[15] The Constitution provides in Article 14.
[16] Prevention of Money Laundering Act and Unlawful Activities (Prevention) Act, 2002.
[17] Aaratrika Bhaumik, ‘How has Uttar Pradesh made its anti-conversion law more stringent? | Explained’ (The Hindu, 06 August 2024) <https://www.thehindu.com/news/national/how-has-uttar-pradesh-made-its-anti-conversion-law-more-stringent-explained/article68480856.ece> accessed on 07 August 2024.