Prohibition of Unlawful Conversion of Religion (Amendment) Bill, 2024

Context

Recently the Uttar Pradesh Government has presented the Prohibition of Unlawful Conversion of Religion (Amendment) Bill, 2024 in order to make anti-conversion law more stringent.

About

• The law prohibits the religious conversion of someone by using “misrepresentation, force, undue influence, coercion, allurement or through any fraudulent method”. 
  • Conversion by solemnization of marriage or relationship might additionally qualify as illegal conversion underneath the Act.
• Any aggrieved individual or their family can lodge an FIR for illegal conversion.
• Punishment: The fashionable punishment is 1-5 years imprisonment, and a fine of at least Rs. 15,000.
  • If the victim is a woman, a minor or an individual belonging to a Scheduled Caste or Scheduled Tribe, the punishment will increase to 2-10 years with a fine of at least Rs. 25,000. 
  • In instances of mass conversion, the punishment will become 3-10 years, and a fine of at least Rs. 50,000.
• Process for Conversion: This requires the individual converting to submit two declarations to the District Magistrate.
  • The first assertion has to include a declaration that the character choices to convert their religion without any force, coercion, undue impact, or allurement. 
  • The Magistrate will then ensure that a police enquiry is conducted to decide the “actual purpose” of the non secular conversion.
  • The second declaration will include private, non secular info and the information of the conversion ceremony. 
  • After the second declaration is submitted, the District Magistrate will submit a duplicate of it to the notice board, for the public to record objections to the conversion, if any.

Key Amendments Proposed

Increasing the maximum punishment from 10 years to life imprisonment; widening the ambit to allow any individual to report a complaint; making bail more tough — those are most of the key modifications proposed.

Arguments Against the Law

• Constitutional Concerns: The law violates essential rights assured by the Indian Constitution, consisting of the right to freedom of religion and the right to privacy.
  • The state does not have the authority to regulate an individual’s choice of religion.
• Ambiguity in Definitions: The Act has been criticized for its vague and ambiguous definitions of phrases including “coercion,” “fraud,” and “allurement,” that can result in arbitrary interpretation and misuse by law enforcement agencies.
• Impact on interfaith Relationships: The law could be misused to target interfaith couples, in particular the ones regarding Hindu-Muslim relationships, by accusing one party of changing the other through coercion or fraud.
• Burden of Proof: The Act places the burden of evidence at the accused, requiring them to prove that conversion was not achieved through coercion, fraud, or allurement.
  • This reversal of burden of proof is seen as unfair and towards the principles of natural justice.
• Social Polarization: The enactment of such legal guidelines has the capacity to exacerbate social tensions and polarize groups along religious traces, leading to extended communal disharmony.

Arguments in Favour of the Law

• Prevention of Forced Conversions: The primary objective of the Act is to prevent forced conversions carried out through coercion, fraud, or allurement.
  • Such conversions often make the most susceptible individuals, especially women and members of marginalized groups, and the law is vital to protect their rights and autonomy.
• Preservation of Social Harmony: Regulating religious conversions enables to keep social harmony and prevent tensions between different religious communities. 
• Deterrence Against Conversion Rackets: The Act serves as a deterrent towards conversion rackets and fraudulent non secular groups that take advantage of individuals for monetary or different profits. 
• Promotion of Religious Freedom with Responsibility: The Act is viewed as a balanced approach to safeguarding non secular freedom whilst stopping abuses and ensuring that conversions are performed ethically and transparently.
• Backing from Public Opinion: The enactment of the law reflects the emotions and concerns of a considerable portion of the population in Uttar Pradesh, in which problems related to religious conversions were contentious.

Way Ahead

• Despite those challenges and criticisms, the Uttar Pradesh government has defended the law, arguing that it’s essential to prevent forced conversions and shield the rights of individuals to exercise their religion freely. 
• The ultimate resolution of these challenges might also rely on judicial interpretation and capacity amendments to the Act.

Source: The Hindu