By Babu Joseph Maliakan
NEW DELHI: In a significant move, the Bharatiya Janata Party (BJP) government in Uttar Pradesh has introduced amendments to the 2021 Anti-conversion law, making it extremely difficult for those accused under the act to secure bail. This action is seen as a direct challenge to Article 25 of the Indian Constitution, which guarantees freedom of conscience and the right to freely profess, practice, and propagate religion.
The justification for these amendments is based on the purported “sensitivity and seriousness of the crime of illegal religious conversion” and concerns about the dignity and social status of women. The state government has cited organized activities by alleged foreign and anti-national elements as a reason for tightening the law. However, the amended bill does not specify the identities of these elements or provide evidence of the demographic changes they purportedly caused, either before or after the original law’s enactment. The 2021 law primarily targets conversions through marriage, deceit, coercion, or inducement.
Originally aimed at addressing the alleged phenomenon of ‘love jihad’—a theory promoted by certain Hindutva groups suggesting Muslim men are converting Hindu women through marriage to increase the Muslim population—the theory has been discredited by Union government agencies who found no evidence supporting its existence. Nevertheless, the law has been used extensively to target minority Muslims and Christians in Uttar Pradesh. Between January 1, 2021, and April 30, 2023, the state’s police registered 427 cases and arrested 833 people under the act.
The amendments significantly increase the severity of the law. Under the new provisions, any individual can file a complaint under the act, whereas previously only the victim or their relatives could do so. Penalties for unlawful conversions have been stiffened, with the imprisonment term now ranging from three to ten years (previously one to five years), and fines increased from Rs. 15,000 to Rs. 50,000.
For cases involving minors, women, or individuals from Scheduled Castes or Scheduled Tribes, the punishment has been escalated from two to ten years to five to fourteen years of imprisonment, with fines rising from Rs. 50,000 to one lakh rupees. Additionally, a new offense has been introduced, targeting those who use coercion or inducement to marry, traffic, or sell a person with the intent of conversion, carrying a minimum sentence of 20 years, potentially extending to life imprisonment.
An analysis by Article 14, a news portal, of 101 complaints filed under the UP Act in 2023 revealed that in 63 cases, the complainant was neither the victim nor a relative. Often, members of Hindutva organizations lodged these complaints. The new provisions allowing anyone to file complaints are expected to disproportionately impact interfaith couples and minority Muslim and Christian communities, particularly given the perception of police partiality.
The amended act also introduces stringent bail conditions, akin to those in laws governing narcotics, terrorism, and money laundering. Accused individuals are presumed guilty, and bail can only be granted if the public prosecutor consents or if the court finds reasonable grounds to believe the accused is not guilty and unlikely to commit further offenses.
Between January 2021 and June 2023, Uttar Pradesh courts considered 37 bail applications under the act, granting bail in 29 cases (78.3 percent). The new amendments are likely to result in a surge in cases and a higher rejection rate for bail applications, leading to prolonged detention for many, particularly from minority communities.
The constitutionality of the 2021 Act is currently under scrutiny by the Supreme Court of India. A bench comprising Chief Justice DY Chandrachud and Justices P S Narasimha and J B Pardiwala is hearing several petitions challenging the act. Although a date for the next hearing has not been set, Justice Manoj Misra, in a separate case, hinted at potential constitutional conflicts, particularly concerning Article 25. The Supreme Court’s prompt consideration of this crucial issue is highly anticipated, as it bears directly on the fundamental rights of freedom of conscience and religion in India.
Is is observed that bjp is bent upon making conversion bill a prestigious matter. Cases are been made to show the data as conversion. Fanatics rush into churches and attack pastors, christains and take away thinks pertaining to church. Christainity discourages interfaith marraige. Regarding paid conversion it is baseless and does not hold truth in it. There are many urgent and important issues India is facing, please concentrate on them.