UP’s 'Anti-Conversion' Law

The Uttar Pradesh government has proposed significant amendments to its existing law against unlawful religious conversion. This move, which was recently tabled in the state Assembly and passed by voice vote, aims to make the law more stringent.

Key Highlights of the Changes

• Increased Punishments:
  • General Offences: The maximum punishment for unlawful conversion has been increased from 10 years to life imprisonment. The minimum jail term for ordinary offences is now five years, up from one year previously.
  • Offences Involving Minors, Women, Dalits, and Tribals: Maximum imprisonment has been raised to 14 years, with a new minimum term of five years. Fines have been increased from Rs 25,000 to Rs 1 lakh.
  • Mass Conversions: The penalty for mass conversions has been raised from a maximum of 10 years to 14 years, with fines doubled to Rs 1 lakh.
• Expanded Definitions and Provisions:
  • Serious Offences: The law now includes serious offences such as promises or conspiracies involving marriage, trafficking or selling of minors and women, and instilling fear to facilitate conversions. These offences carry life imprisonment or a minimum of 20 years in prison.
  • Foreign Funding: A new provision mandates a minimum of seven years’ imprisonment, extendable to 14 years, for receiving foreign funds for unlawful conversions, with a fine of Rs 10 lakh.
• Filing Complaints and Bail Conditions:
  • Complaint Filers: Any person can now file a complaint under the law, not just the aggrieved person or their close relatives as previously stipulated.
  • Bail Conditions: Bail applications will require public prosecutor’s input and will only be heard in sessions courts. The process for obtaining bail has been made more stringent.

Need for the Bill

• Addressing Unlawful Conversions: The Uttar Pradesh government argues that the bill is necessary to combat organized and allegedly anti-national activities related to unlawful conversions. They claim that the existing law needs strengthening to deal with the scale of the issue effectively.
• Preventing Misuse: Amendments are also aimed at addressing the issues arising from inconsistent interpretations and misuse of the existing law, particularly concerning who can file complaints and how they are handled.

What about Freedom of Religion?

• The amendments have sparked concerns about the potential infringement on individual freedoms.
• The right to religious freedom is a fundamental right under Article 25 of the Indian Constitution, which guarantees all individuals the freedom to practice, profess, and propagate their religion.
• Critics argue that the expanded scope of the law and the new provisions might infringe upon constitutional rights by complicating the bail process, increasing penalties, and allowing any person to file complaints.