U.P.’S ANTI-CONVERSION LAW AMENDMENTS FACE CRITICISM

Why in the news?

U.P. ‘s anti-conversion law amendments increase penalties and bail restrictions, raising concerns about misuse and infringement on fundamental rights.

source:thehindu

About Amendments to U.P.’s Anti-Conversion Law:

  • Stricter Provisions
    • Amendments to the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021, increase jail terms, up to life imprisonment for coercive conversions targeting minors, women, or specific communities.
    • Introduces harsh penalties for foreign funding related to unlawful conversions.
  • Bail and Complaint Procedures
    • New bail provisions require the public prosecutor to oppose bail, with stringent conditions on proving innocence and likelihood of reoffending.
    • Any individual can file complaints of forced or fraudulent conversions, broadening scope for misuse and targeting inter-faith marriages.
  • Concerns and Criticisms
    • The amendments exacerbate fundamental rights violations and are criticised for medieval-mindedness.
    • Questions arise about the law’s validity and its impact on inter-faith marriages, with concerns about potential misuse and whether actual forced conversions are increasing.
Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021:

  • Regulates religious conversions; prohibits conversion by misrepresentation, force, coercion, or fraud.
  • Standard punishment: 1-5 years imprisonment, ₹15,000 fine.
  • Enhanced punishment: 2-10 years imprisonment, ₹25,000 fine for victims who are women, minors, or SC/ST.
  • Mass conversion: 3-10 years imprisonment, ₹50,000 fine.
  • Repeat offenders: up to double the punishment.
  • Marriages for unlawful conversion are void.

Key Constitutional Provisions on Religious Conversion:

  • Article 25: Guarantees freedom of conscience and the right to profess, practice, and propagate religion, with limitations for public order, morality, and health.
  • Article 26: Allows religious denominations to manage their own affairs, subject to public order, morality, and health.
  • Articles 27-30: Ensure freedom to manage religious affairs, contribute financially to any religion, and establish and administer educational institutions.