This article is an analysis of the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act 2021. It was enacted by the U.P. State Legislature to provide for prohibition of unlawful conversion from one religion to another by misrepresentation, force, undue influence, coercion, allurement, or by any fraudulent means, or by marriage. The statement of objects and reasons for the Act provides that this law aims to protect the gullible persons who are prone to unlawful conversions by individuals and institutions. It further recognizes that the right to freedom of religion cannot be extended to collective right to proselytize. The law extends to the whole of Uttar Pradesh state and it is deemed to be in force since November 27, 2020.
What are the offences and substantive provisions as per the law?
- Section 3 of Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act 2021 provides that a conversion or an attempt to convert a person from one religion to another by misrepresentation, force, undue influence, coercion, allurement, or by practice of any fraudulent means is prohibited. Any abetment or conspiracy is also prohibited in this regard.
Section 5 provides for punishment for the contravention of Section 3 with an imprisonment of minimum 1 year and maximum 5 years, and fine of minimum Rs. 15000/-.
- However, if the offence is committed against a woman, a minor, or a person belonging to Scheduled Caste or Schedule Tribe, in that case, the crime is considered aggravated and therefore the punishment is harsher. The minimum imprisonment time is 2 years, whereas the maximum imprisonment time is 10 years, and the minimum fine is Rs. 25000/-.
- For mass conversion, i.e. where 2 or more conversions take place simultaneously, the punishment is imprisonment of minimum 3 years and maximum 10 years, and fine of minimum Rs. 50,000/-.
All the offences under the Act are cognizable and non-bailable, and triable by the Court of Sessions.
- Section 6 provides that in cases where any marriage that has been done for the sole purpose of conversion or any conversion that has been done for the sole purpose of marriage, the marriage shall be declared VOID by the Family Court. However, this can only be done when a petition is presented by a party to the marriage against the other party.
- If a person who desires to convert does not follow the prescribed procedure under Section 8(1) of the Act and proceeds with the marriage, then such person is punishable with imprisonment not less than 6 months but not more than 3 years, and fine not less than Rs. 10,000/-.
- If any religious convertor contravenes the provisions of Section 8(2) of the Act which provide for procedure to be followed to send notice to the authority by the religious convertor, then he shall be punished with an imprisonment not less than 1 year but may extend to 5 years, and fine not less than Rs. 25000/-.
- Section 10 provides for the punishment for contravention of Section 3 by an Institution or Organization. In such a case, persons in charge of the affairs of the organization will be subject to punishment under Section 5 of the Act. Moreover, upon a reference made by the District Magistrate, the registration of the institution or organization may also be cancelled by the Competent Authority.
What conversions are excluded?
The law defines Conversion as renouncing one’s own religion and adopting another religion. Any conversion that is not in accordance with the law of the land is an Unlawful conversion.
Section 3 provides for conversions which are prohibited. However, it excludes reconversion to an immediate previous religion.
Who can lodge a First Information Report and against whom?
Section 4 of the Act provides that only certain people can lodge a First Information Report of a conversion which contravenes Section 3 of the Act. These persons are as follows:
- Aggrieved person
- Parents of the Aggrieved person
- Brother or Sister of the aggrieved
- Person related to aggrieved person by blood, marriage, or adoption
It is also important to note here that the First Information Report can be lodged not only against the specific person who does the act which constitute the offence, but also against any other person who acts to enable such an offence, or aids or abets in the commission of the offence. Any person who counsels, procures, or convinces any other person to commit the offence under this Act must also be included and is equally guilty of committing the offence.
Moreover, Section 12 of the Act places the burden of proof on the person who has caused the conversion as to whether the religious conversion has been affected by any of the aforementioned factors under Section 3.
What is the legal position on bail in such cases?
Section 7 of the Act provides that the offences under the Act are non-bailable, and hence subject to judicial discretion.
The factors to be considered before granting bail are as follows:
- Whether Prima Facie case is made out or not?
- Delay, if any, in lodging the FIR
- Nature of allegations
- The specific role of the accused assigned in the First Information Report
- Criminal antecedents of the accused
- Period detention of the accused
- Whether victim is a minor, woman, or member belonging to SC/ST or economically poor persons?
- Whether it was an organized event for mass conversions?
In the various cases where a mass conversion event is involved and where prima facie case is made out, the bail is generally denied. However, in individual cases, bail is frequently granted.
In the case CMB Application No. 17283 of 2024, the Hon’ble Court granted bail where the accused was facing allegations of falsifying his identity and masquerading as a Hindu. The Court while recording that the possibility of his identity being known to the girl cannot be ruled out. Moreover, due to lack of criminal history and the victim girl being major, the bail was granted.
In another case CMB Application No. 11804 of 2024, Bail was denied to the accused as there was prima facie evident that a conversion programme was going on.
In the case CMB Application No. 19942 of 2024, it was held that the problem of mass conversion by means of religious congregations was becoming a rampant and a threat to the majority population. Bail was denied as prima facie case was made out.
What is the legal position on quashing of First Information Report by means of a writ petition and granting of protection to couple?
The First Information Report under the offences of the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act 2021 can be quashed as per the facts and circumstances of the case. As per the relevant case laws, the position of law is that the First Information Report may be quashed if it is sufficiently shown that the petitioners are major and living together after following the procedure prescribed by law.
In a case CMWP No. 890 of 2024, FIR was quashed stating that the issue is about the life and liberty of two individuals in choosing a partner or their right to freedom of choice as to with whom they would like to live, and not about the marriage of two individuals.
In the case of Salamat Ansari & others vs. State of UP & others, it was held that the right to chose a partner irrespective of caste, creed or religion, is inhered under right to life and personal liberty, an integral part of the fundamental right under Article 21 of the Constitution of India.
However, it must also be noted that no relief was granted in Writ C No. 7230 of 2024, where the petitioners were living in a live-in relationship, as it was held that the Section 3 of the Act applies to marriage as well as any relationship in the nature of marriage, including a live-in relationship.
In – WRIT – C No. – 11890 of 2024, however, relief in the nature of protection from the parents of the petitioners was granted after assessment of threat by SSP, without adjudicating on the legality of the relationship of the petitioners.
CONCLUSION
In order to proceed safely, it is important that the marriage be either conducted as per the Special Marriage Act 1954 without changing the religion, or the procedure under Section 8 and 9 of Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act 2021 must be necessarily followed. There is no compromise with the right to life and liberty to individuals and the right to live with individual of choice under Article 21 of the Constitution of India has been sustained, only with a procedural compliance attached to it.