PROHIBITION OF UNLAWFUL CONVERSION OF RELIGION
(AMENDMENT) BILL, 2024
NEWS: U.P. House passes Bill to amend law against
conversion
WHAT’S IN THE NEWS?
Key
Provisions:
- Prohibited Actions:
- Religious conversions
through misrepresentation, force, undue influence, coercion, allurement,
or fraudulent methods are illegal.
- Conversion by marriage or
relationship may also be considered illegal.
- Reporting and Punishment:
- Any aggrieved person or
their family can file an FIR for illegal conversion.
- General punishment: 1-5
years imprisonment and a fine of at least Rs. 15,000.
- If the victim is a woman,
minor, or belongs to SC/ST: 2-10 years imprisonment and a fine of at
least Rs. 25,000.
- Mass conversion: 3-10 years
imprisonment and a fine of at least Rs. 50,000.
- Conversion Process:
- Two declarations to the
District Magistrate are required.
- The first declaration must
state that the person chooses to convert without force or allurement.
- A police enquiry will
ensure the conversion's legitimacy.
- The second declaration
details the conversion ceremony, which will be made public for
objections.
Proposed
Amendments:
- Increase maximum punishment
to life imprisonment.
- Allow any individual to
report a complaint.
- Make bail more difficult to
obtain.
Arguments
Against the Law:
- Constitutional Concerns:
- Violates rights to freedom
of religion and privacy.
- The state should not
regulate individual religious choices.
- Ambiguous Definitions:
- Terms like
"coercion," "fraud," and "allurement" are
vague, risking misuse by law enforcement.
- Impact on Interfaith
Relationships:
- Could be misused to target
interfaith couples, especially Hindu-Muslim relationships.
- Burden of Proof:
- Places the burden on the
accused to prove that conversion was not coerced.
- Social Polarization:
- Potential to increase
communal tensions and disharmony.
Arguments
in Favour of the Law:
- Preventing Forced
Conversions:
- Protects vulnerable
individuals, especially women and marginalized groups, from forced
conversions.
- Preserving Social Harmony:
- Regulates conversions to
maintain social peace.
- Deterrence Against
Conversion Rackets:
- Acts as a deterrent to
fraudulent religious groups exploiting individuals.
- Balanced Religious Freedom:
- Aims to safeguard religious
freedom while preventing abuses.
- Public Support:
- Reflects concerns of a
significant portion of Uttar Pradesh's population regarding religious
conversions.
WAY FORWARD:
- The government defends the
law as essential to preventing forced conversions and protecting religious
freedom.
- Judicial interpretation and
potential amendments may address challenges and criticisms.
Source: https://epaper.thehindu.com/ccidist-ws/th/th_delhi/issues/93144/OPS/GR6D4MK5R.1+GMAD4OP69.1.html