Context
The Uttar Pradesh government has recently made significant amendments to its anti-conversion law, officially known as the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021. These changes aim to strengthen the existing legal framework surrounding religious conversions, particularly in the context of alleged coercion or fraudulent practices.
Background of the Anti-Conversion Law
The original anti-conversion law was enacted in 2021, with the intent to prevent unlawful conversions, particularly targeting vulnerable groups such as minors, women, and individuals from Scheduled Castes (SC) and Scheduled Tribes (ST). However, the law has been criticized for its potential to facilitate misuse and target inter-faith marriages. By 2023, over 400 cases had been registered under this law, raising concerns about its application and the motivations behind its enforcement.
Key Amendments Introduced
- Stricter Penalties: One of the most significant changes in the 2024 amendments is the introduction of harsher penalties for unlawful conversions. The maximum sentence has been increased from 10 years to life imprisonment in cases involving coercion or fraudulent practices. Specifically, the law now stipulates that actions such as threatening, assaulting, or inducing a person to marry with the intent to convert can result in imprisonment ranging from 20 years to life.
- Expanded Scope for Filing Complaints: Previously, only the aggrieved individual or their close relatives could file a complaint under the anti-conversion law. The amendments have broadened this provision, allowing any person to lodge a First Information Report (FIR) regarding alleged unlawful conversions. This change has raised concerns about the potential for misuse, as it empowers third parties, including communal organizations, to initiate legal action against individuals opting for inter-faith marriages or conversions.
- Stringent Bail Conditions: The amended law introduces stringent bail conditions that mirror those found in laws dealing with serious offenses like terrorism and money laundering. An accused individual can only be granted bail if the public prosecutor has the opportunity to oppose it, and there is a presumption of guilt unless proven otherwise. This shift places a heavier burden on the accused and complicates their ability to secure bail.
- Provisions Against Foreign Funding: The amendments also introduce penalties for receiving funds from foreign or illegal organizations for the purpose of unlawful conversion. Offenders can face imprisonment ranging from 5 to 14 years, reflecting concerns about external influences on religious demographics within the state.
Implications of the Amendments
- Potential for Misuse: Critics argue that the expanded provisions for filing complaints and the stringent bail conditions could lead to increased misuse of the law. There are fears that individuals in inter-faith relationships may face harassment and legal challenges from those opposed to such unions, potentially stifling personal freedoms and rights.
- Legal and Constitutional Challenges: The amendments have already faced scrutiny from legal experts and civil rights organizations, with calls for challenges in the Supreme Court. Concerns have been raised regarding the constitutionality of the law, particularly in relation to the fundamental right to religion guaranteed under Article 25 of the Indian Constitution. The Supreme Court has previously indicated that the law may violate these rights, especially in cases where conversion is voluntary and not induced by coercion.
- Broader Impact on Society: The amendments may exacerbate communal tensions within the state, as they could be perceived as targeting specific communities under the guise of protecting vulnerable individuals. The potential for increased communal strife raises questions about social cohesion and the role of the state in regulating personal choices related to religion.
Conclusion
The recent amendments to Uttar Pradesh’s anti-conversion law represent a significant shift in the legal landscape surrounding religious conversions in India. While the government argues that these changes are necessary to protect vulnerable populations, the potential for misuse and the broader implications for personal freedoms and communal harmony cannot be overlooked. As the law faces legal challenges and public scrutiny, its future will likely shape the ongoing discourse around religious freedom and inter-faith relationships in the country. The developments in Uttar Pradesh may also set a precedent for other states with similar laws, potentially leading to a nationwide trend in tightening regulations around religious conversions.
Source: The Hindu
UPSC Mains Practice Question
Q. Discuss the implications and potential consequences of the recent amendments to Uttar Pradesh’s Anti-Conversion Law, particularly focusing on the increased penalties, expanded scope for filing complaints, and the socio-political context surrounding these changes.