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

Syllabus: GS2/Indian Polity

Why in News-

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

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

1. Prohibited Acts: The law prohibits religious conversion through various means including misrepresentation, force, undue influence, coercion, allurement, or any fraudulent means. It also includes conversion by solemnization of marriage or relationship.
2. Filing FIRs: Section 4 of the law empowers “any aggrieved person” or their relatives to lodge a First Information Report (FIR) for illegal conversion.
3. Punishments:

• Standard punishment: 1-5 years imprisonment and a fine of at least Rs. 15,000.
• • Enhanced punishment:

• • • If the victim is a woman, a minor, or belongs to a Scheduled Caste or Scheduled Tribe: 2-10 years imprisonment and a fine of at least Rs. 25,000.
    • In cases of mass conversion: 3-10 years imprisonment and a fine of at least Rs. 50,000.

Conversion Process:

• Two Declarations: The person intending to convert must submit two declarations to the District Magistrate.

1. • • The first declaration affirms the individual’s intention to convert without any external pressure or inducement.
     • The second declaration includes personal details and specifics about the conversion ceremony.

• Police Enquiry: The District Magistrate ensures a police enquiry to ascertain the “real intention” behind the conversion.
• Public Notice: After the second declaration, the Magistrate posts a copy on the notice board for the public to raise objections, if any.

Arguments in favor of the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021, are as follows:

1. Prevention of Forced Conversions: The Act aims to curb forced conversions conducted through coercion, fraud, or allurement. Such conversions often exploit vulnerable individuals, particularly women and marginalized communities. By preventing these coercive practices, the law protects the rights and autonomy of individuals.
2. Preservation of Social Harmony: Regulating religious conversions contributes to maintaining social harmony and preventing tensions between different religious communities. By ensuring that conversions are conducted transparently and ethically, the law mitigates potential sources of conflict.
3. Deterrence Against Conversion Rackets: The Act acts as a deterrent against conversion rackets and fraudulent religious organizations that exploit individuals for financial or other gains. By imposing strict penalties, the law discourages such exploitative practices and protects vulnerable individuals from being manipulated.
4. Promotion of Religious Freedom with Responsibility: The Act is perceived as a balanced approach to promoting religious freedom while preventing abuses. By requiring conversions to be conducted with transparency and ensuring that individuals are not coerced into changing their religion, the law upholds the principle of religious freedom while also emphasizing responsibility.
5. Backing from Public Opinion: The enactment of the law reflects the sentiments and concerns of a significant portion of the population in Uttar Pradesh. Issues related to religious conversions have been contentious in the state, and the law addresses these concerns by providing a legal framework to regulate conversions and protect vulnerable individuals.

Arguments against the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021, include:

1. Constitutional Concerns: Critics argue that the law violates fundamental rights guaranteed by the Indian Constitution, such as the right to freedom of religion and the right to privacy. They assert that the state lacks the authority to regulate an individual’s choice of religion, which is a personal matter.
2. Ambiguity in Definitions: The Act has faced criticism for its vague and ambiguous definitions of terms like “coercion,” “fraud,” and “allurement.” This ambiguity can lead to arbitrary interpretation and potential misuse by law enforcement agencies, undermining the rule of law and individual rights.
3. Impact on Interfaith Relationships: There are concerns that the law could be misused to target interfaith couples, especially those involving Hindu-Muslim relationships. Accusations of coercion or fraud in conversion could lead to harassment and legal repercussions for one party, potentially disrupting relationships and infringing on personal freedoms.
4. Burden of Proof: The Act places the burden of proof on the accused, requiring them to demonstrate that conversion was not carried out through coercion, fraud, or allurement. Critics argue that this reversal of the burden of proof is unfair and contrary to the principles of natural justice, placing undue pressure on individuals accused of unlawful conversion.
5. Social Polarization: Enactment of such laws has the potential to exacerbate social tensions and polarize communities along religious lines. By targeting religious conversions, the law may contribute to increased distrust and animosity between different religious groups, undermining social cohesion and fostering communal disharmony.

Way Ahead

1. Judicial Interpretation: The ultimate resolution of the challenges may depend on the interpretation of the law by the judiciary. Courts can provide clarity on constitutional concerns, ambiguity in definitions, and the balance between individual rights and state regulation.
2. Amendments to the Act: The government could consider amending the Act to address concerns raised by critics. This may involve clarifying definitions, revising procedural aspects such as burden of proof, and ensuring that the law upholds constitutional principles while effectively preventing forced conversions.
3. Dialogue and Consultation: Engaging in dialogue and consultation with various stakeholders, including religious communities, legal experts, and civil society organizations, can help identify areas of concern and potential solutions. This inclusive approach can lead to a more balanced and effective legal framework.
4. Public Awareness Campaigns: Educating the public about the objectives and provisions of the law, as well as individual rights and responsibilities, can help dispel misconceptions and promote understanding. Public awareness campaigns can also highlight avenues for recourse in cases of coercion or fraud.
5. Monitoring and Oversight Mechanisms: Implementing robust monitoring and oversight mechanisms to ensure the fair and impartial enforcement of the law is essential. This can involve training law enforcement officials, establishing grievance redressal mechanisms, and conducting regular reviews of implementation.
6. Promotion of Religious Tolerance: Beyond legal measures, promoting religious tolerance and interfaith dialogue is crucial for fostering social harmony and understanding. Government initiatives, community programs, and educational curricula can play a role in promoting mutual respect and understanding among religious communities.

Source: IE