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HOW HAS UTTAR PRADESH MADE ITS ANTI-CONVERSION LAW MORE STRINGENT?

Relevance: GS 2 – Government policies and interventions for development in various sectors and issues arising out of their design and implementation

Why in the news?

• On July 30, the Uttar Pradesh Legislative Assembly passed the Uttar Pradesh Prohibition of Unlawful Conversion of Religion (Amendment) Bill, 2024.
• This bill significantly alters the original 2021 anti-conversion law, making its provisions more stringent.

About the Anti-conversion Laws

• Since 2017, multiple BJP-ruled states have enacted or amended anti-conversion laws.
• These laws aim to restrict religious conversions through marriage, deceit, coercion, or enticement.
• The measures are ostensibly aimed at combating “love jihad” — a theory primarily promoted by Hindutva groups.
• The theory alleges that inter-faith marriages are sites of potential forced conversions.

Reason for the Amendment

• The amendment was proposed to make the existing legislation “as stringent as possible.”
• The Bill’s statement of reasons cited the alleged “organized and well-planned” involvement of “foreign and anti-national elements and organizations” in demographic changes due to unlawful conversion.
• It asserted that the penal provisions of the 2021 Act were “not sufficient to prevent and control religious conversion and mass conversion,” particularly in cases involving:
  • Minors
  • Disabled individuals
  • Mentally challenged persons
  • Women
  • Individuals belonging to the Scheduled Castes or Scheduled Tribes

Current Status and Data

• The constitutional validity of the law is under challenge before the Supreme Court.
• State government data revealed that between January 1, 2021, and April 30, 2023:
• 427 cases were registered under the Act.
• 833 arrests were made.

Increase in Penalties under the law

The government has enhanced the jail terms and fines for all offences under the law.

Issues with the Anti-Conversion Law

• Potential for Misuse: Under Section 4 in Act of 2021 only the following could file a criminal complaint for unlawful conversion – “Any aggrieved person” and “His/her parents, brother, sister, or any other person related by blood, marriage, or adoption”.
  • Police were reportedly allowing FIRs to be lodged by right-wing activists and other unauthorized third parties, including elected local representatives.
  • The Allahabad High Court had to clarify that such complaints could only be filed by the aggrieved person or their kin.
  • The amendment of 2024 allows any person to file a complaint, which could lead to misuse by third parties, particularly against interfaith couples.
  • The new provision aligns with Chapter 13 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which deals with police powers to investigate upon receipt of crime information.
• Infringement on Religious Freedom: Critics argue that the law contravenes Article 25 of the Constitution, which guarantees the right to freely practice religion.
• High Burden of Proof: The reversal of the burden of proof onto the accused makes it nearly impossible for individuals to secure bail until the trial is completed.
• Cognizability and Arrest Powers: All offenses are classified as cognizable, enabling police to arrest without a warrant, which raises concerns about potential abuse of power.
• Stringent Bail Conditions: The introduction of stringent bail conditions could lead to prolonged incarceration for individuals accused under the law, even if they are innocent.
• Vague Definitions: The terms related to unlawful conversion and coercion may be vague, leading to subjective interpretations and inconsistent enforcement.
• Impact on Vulnerable Groups: The law disproportionately affects minors, women, and individuals from Scheduled Castes and Scheduled Tribes, who may be more vulnerable to accusations.
• Lack of Evidence for Claims: The government’s justification of the law based on alleged organized conversions lacks substantial evidence, raising questions about its legitimacy.
• Potential for Increased Communal Tensions: The law may exacerbate communal tensions by fostering an environment of suspicion and hostility towards interfaith relationships.
• Pending Legal Challenges: The constitutional validity of the law is currently being challenged in the Supreme Court, leaving its future uncertain and creating legal ambiguity.

Stringent Bail Conditions:

• Introduces “twin conditions of bail” similar to those under the Narcotic Drugs and Psychotropic Substances Act, 1985, the Prevention of Money Laundering Act, 2002, and the Unlawful Activities (Prevention) Act, 1967.
• All offences related to unlawful conversion are now cognizable and non-bailable.
• Can only be adjudicated by a sessions court or higher judicial forums.
• Revised Section 7: Bail cannot be granted without first allowing the public prosecutor an opportunity to contest the bail application.
• If the public prosecutor opposes, the sessions court may grant bail only if:
  • There are reasonable grounds to believe the accused is not guilty of the offence.
  • The accused is unlikely to commit any crime if released on bail.
• The reverse burden of proof on the accused makes it nearly impossible to obtain bail until the trial is completed.

COMPARISON WITH OTHER ANTI-CONVERSION LAWS

Notification Requirements:

• Madhya Pradesh: Requires a 60-day prior “declaration of the intention to convert” to the District Magistrate for the conversion to be valid.
• Himachal Pradesh and Uttarakhand: Require a 30-day prior notice.
• Uttar Pradesh: Mandates a 60-day notice and a police inquiry by the Magistrate to ascertain the true intent behind the conversion.

Filing of FIRs:

• Restrict filing FIRs to the aggrieved individual or their immediate family (parents or siblings), excluding third parties.
• Madhya Pradesh: Guardians must secure court approval before lodging a police complaint.
• Himachal Pradesh: Prosecution cannot be initiated without prior sanction from an officer not below the rank of a sub-divisional magistrate.

Bail Provisions:

• Uttar Pradesh: Introduces “twin conditions of bail” that impose a high threshold for securing interim release, making it nearly impossible for individuals to obtain bail until the trial is completed.
• Other states: The “twin conditions of bail” are absent in some state laws.
• Gujarat, Haryana, Himachal Pradesh, Karnataka, Madhya Pradesh, and Uttarakhand: Mandate a reverse burden of proof, requiring the accused to prove that no unlawful conversion has occurred.

Quantum of Punishment:

• Uttar Pradesh: Prescribes life imprisonment for certain offenses.
• Other states: Prison sentences typically range from 2 to 10 years, without life imprisonment.

Existing Anti-Conversion Laws:

• Odisha, Madhya Pradesh, and Arunachal Pradesh: Have had anti-conversion laws for decades.
• Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, and Uttarakhand: Have implemented such laws more recently.
• Karnataka: Introduced the Protection of Right to Freedom of Religion Act in 2022, which was later scrapped by the Congress-led government.

 Way Forward Regarding the Anti-Conversion Law

Recent Remarks by Justices in May, while addressing a separate case regarding the quashing of an unlawful religious conversion charge, a Bench of Justices J.B. Pardiwala and Manoj Misra noted that certain provisions of the 2021 Act appear to contravene Article 25 of the Constitution, which guarantees the freedom of religion.

• Judicial Review: The constitutional validity of the amended law is expected to be challenged in the Supreme Court, necessitating a thorough judicial review.
• Pending Petitions: A batch of petitions contesting the original legislation and similar anti-conversion laws enacted by BJP-ruled states is awaiting adjudication before a three-judge Bench led by Chief Justice of India D.Y. Chandrachud.
• Clarification of Provisions: There may be a need for the Supreme Court to clarify provisions of the law that appear to infringe upon the right to freedom of religion, as highlighted by recent judicial remarks.
• Hearing Status: These petitions have not been listed for hearing since April 2023, leaving them effectively in limbo.
• Public Discourse and Awareness: Encouraging public discourse on the implications of the law can help raise awareness about potential misuse and the impact on interfaith relationships.
• Monitoring and Accountability: Establishing mechanisms for monitoring the implementation of the law can help ensure accountability and prevent misuse by authorities or individuals.
• Legal Safeguards: Consideration of legal safeguards to protect vulnerable groups, such as minors and women, from potential exploitation under the law.
• Engagement with Stakeholders: Engaging with civil society organizations, legal experts, and religious leaders to discuss the implications of the law and explore possible reforms.
• Review of Similar Laws: A comprehensive review of anti-conversion laws in other states may be necessary to identify best practices and areas for reform.
• Legislative Revisions: Based on judicial outcomes and public feedback, the state government may need to consider revising the law to address concerns about its application and potential for misuse.

Alternative articles

https://universalinstitutions.com/u-p-s-anti-conversion-law-amendments-face-criticism/

https://universalinstitutions.com/up-assembly-passes-amendment-to-anti-conversion-law/

https://universalinstitutions.com/discuss-the-rationale-behind-anti-conversion-laws-in-india-also-state-the-concerns-that-have-been-raised-with-regard-to-these-laws/

Source: https://www.thehindu.com/news/national/how-has-uttar-pradesh-made-its-anti-conversion-law-more-stringent-explained/article68480856.ece

Mains question

Discuss the implications of the Uttar Pradesh Prohibition of Unlawful Conversion of Religion (Amendment) Bill, 2024, on individual freedoms and its constitutional validity, in the context of similar state laws. (250 words)