Context-

The Uttar Pradesh Assembly has recently adopted amendments to its controversial anti-conversion law, aiming to make it more stringent. The amendments to the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021, are perceived to have misuse as their principal aim. This move exacerbates the already unconstitutional aspects of the law, which has seen significant application since its enactment in 2021.

Original Law and Its Impact

The original law, enacted in 2021, resulted in the registration of over 400 cases by 2023. This law was initially created to curb what was perceived as forced or fraudulent religious conversions. However, it has faced criticism for being regressive and violating fundamental rights. The law's broad provisions have led to its misuse, particularly targeting inter-faith marriages.

Key Amendments to the Law

●     Increased Jail Terms

One of the significant changes brought by the amendments is the increase in jail terms for those found guilty of unlawful conversion. If minors, women, or “certain communities” are targeted for conversion through force, threat, or coercion, the punishment could extend up to 20 years of imprisonment or even life imprisonment. This enhancement of penalties underscores the law's punitive approach.

●     Foreign Funding for Conversion

The amendments also prescribe severe penalties for receiving funds from foreign organisations for the purpose of unlawful conversion. This measure aims to curb the influence of foreign entities in religious conversions, adding another layer of control and scrutiny.

●     Stringent Bail Requirements

A particularly concerning feature of the amended law is the introduction of stringent requirements for granting bail. The amended law stipulates that a person accused under the Act cannot be granted bail unless the public prosecutor is given an opportunity to oppose it. Additionally, the court must be convinced that there is a reason to believe that the accused is not guilty and unlikely to repeat the offence while out on bail. This provision is akin to the bail-denying clauses found in the NDPS Act and the PMLA, reflecting an intent to make bail difficult for the accused.

Expanded Scope for Filing Complaints

●     Previous Provisions

Initially, only an aggrieved person, such as the victim or a close family member, could file a complaint against unlawful conversion. This provision was intended to ensure that only those directly affected by the alleged conversion could seek legal recourse.

●     New Provisions

The amendments have introduced a new feature that allows anyone to file a complaint against supposedly forcible or fraudulent conversions. This change is highly problematic as it opens the door for communal organizations and various individuals to get involved in cases of inter-faith marriages, leading to potential misuse and harassment. This move is likely motivated by the observation that many arrested under the original Act were granted bail because the complainants were not aggrieved parties.

Justifications and Realities

●     Claims of Rising Forced Conversions

The drive to make the law more stringent is rooted in claims that forced conversions are on the rise in Uttar Pradesh. Proponents argue that these amendments are necessary to combat this increasing trend. However, whether there is an actual spike in forced conversions or if the reported increase is a result of widespread misuse of the Act against inter-faith marriages remains to be thoroughly studied.

●     Criminalization of Inter-Faith Marriages

The law has always been controversial due to its treatment of inter-faith marriages. It criminalises conversions that occur as a result of marriage by treating them as unlawful. Marriages conducted for the purpose of conversion are declared null and void under this law. Furthermore, the law mandates prior intimation to authorities for those intending to change their religion, which is seen as an infringement on personal freedoms.

Constitutional Concerns

●     Violation of Fundamental Rights

The amendments exacerbate multiple violations of fundamental rights. By imposing severe penalties, stringent bail conditions, and broadening the scope for filing complaints, the law undermines the constitutional rights of individuals. The requirement for prior intimation for religious conversion and the nullification of marriages conducted for conversion purposes are direct affronts to personal liberty and freedom of religion.

●     Democratic and Forward-Looking Governance

The persistence in tightening such a law betrays a mediaeval-mindedness that is unbecoming of a democratic government operating under a forward-looking Constitution. A democratic society should prioritise the protection of individual rights and freedoms, ensuring that laws do not encroach upon personal liberties.

The Way Forward

●     Ensure Adherence to Constitutional Rights:
Amend the law to align with the fundamental rights guaranteed under the Indian Constitution, particularly Articles 21 (Right to Life and Personal Liberty) and 25 (Freedom of Religion). The Supreme Court upheld in Shafin Jahan vs. Ashokan K.M. (2018) that the right to marry and convert is part of personal liberty.

●     Implement Safeguards Against Misuse:
Introduce clear guidelines and safeguards to prevent misuse of the law, including stringent checks on who can file complaints and under what circumstances. The Supreme Court in Lata Singh vs. State of Uttar Pradesh (2006) emphasised the need to protect individuals from harassment due to inter-faith marriages. Restrict the right to file complaints to directly aggrieved parties or close family members and establish a preliminary investigation mechanism to filter out frivolous or malicious complaints.

●     Ensure Fair Bail Provisions:
Revise the bail provisions to ensure they are fair and do not unduly restrict the accused’s liberty. The Supreme Court has held that bail provisions should balance the interests of justice and the rights of the accused to liberty, as seen in Arnesh Kumar vs. State of Bihar (2014). Ensure that bail is not unreasonably denied, especially in cases where there is no prima facie evidence of coercion or fraud.

●     Promote Judicial Oversight:
Enhance judicial oversight in implementing the law to prevent arbitrary actions and ensure adherence to constitutional principles. The Supreme Court’s observations in ongoing cases challenging the constitutionality of anti-conversion laws highlight the need for judicial scrutiny. The Gujarat High Court’s interim order protecting parties to inter-faith marriages from harassment is a pertinent example.

●     Promote Awareness and Education:
Launch awareness campaigns and educational programs to inform the public about their rights and the legal provisions regarding religious conversion and inter-faith marriages. Collaborate with civil society organisations, legal experts, and community leaders to conduct awareness programs highlighting individuals’ legal rights and the proper application of the anti-conversion law.

Conclusion

The amendments to Uttar Pradesh’s anti-conversion law represent a regressive step that worsens its already unconstitutional features. By increasing jail terms, introducing stringent bail requirements, and allowing broader filing of complaints, the law amplifies the potential for misuse and further infringes on fundamental rights. It is imperative for a democratic government to align its laws with the principles of justice, liberty, and equality enshrined in the Constitution, rather than perpetuating measures that undermine these values.

Source- The Hindu