India Tomorrow
LUCKNOW: The Allahabad High Court has declined to quash an FIR lodged against two Class 12 students accused under the state’s anti-conversion law, observing that such incidents among young people are “all the more disturbing.” The court also vacated an earlier stay on the arrest of one of the accused.
The case arises from a January incident in Moradabad involving a group of six students, where a Hindu girl alleged that five Muslim classmates pressured her to wear a burqa while returning from tuition classes. Following a complaint by her brother, police registered a case under the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021. Of the five accused, one is an adult while the others are minors aged between 16 and 18.
A division bench comprising Justices J.J. Munir and Tarun Saxena, in its order, emphasized that the 2021 Act was enacted to address an “emergent situation” where individuals allegedly impose their religious beliefs on others. The bench noted that if such tendencies appear among youth, it is particularly concerning, as this stage of life should focus on education and skill development.
The court underscored that prematurely halting prosecutions under a newly enacted statute could undermine its purpose. At the same time, it clarified that the law should not be misused for false implications, but investigations based on prima facie material should not be obstructed at the threshold.
The petitioners had sought to quash the FIR filed on January 22 under Sections 3 and 5(1) of the Act, which prohibit conversion or attempts to convert through coercion, misrepresentation, undue influence, or allurement.
The defence argued that the FIR was fabricated as an act of revenge, alleging that the complainant had previously harassed one of the accused and filed the case after being reported to college authorities. It was also contended that no actual conversion or attempt had taken place and that the allegations were vague.
However, the prosecution maintained that the complaint disclosed a cognizable offence requiring thorough investigation.
Referring to the victim’s statement before a judicial magistrate, the court noted allegations that the accused forced her to wear a burqa, attempted to make her eat non-vegetarian food, and tried to influence her to adopt Islam. The bench also cited CCTV footage indicating that she was compelled to wear the veil.
Rejecting the argument that the FIR was mala fide, the court held that the victim’s statement contained sufficient material to prima facie attract provisions of the Act. It added that questions regarding “allurement” or “undue influence” would be determined during investigation and trial, not at the stage of quashing the FIR.
“In the totality of circumstances, we do not find it to be a fit case to interdict the investigation,” the bench ruled, dismissing both petitions and lifting the interim protection from arrest.
