Uttar Pradesh Assembly Moves To Make Forced Religious Conversions Punishable By Life Imprisonment

Uttar Pradesh Assembly Moves To Make Forced Religious Conversions Punishable By Life Imprisonment

On July 30, 2024, the Uttar Pradesh Legislative Assembly passed the Uttar Pradesh Prohibition of Unlawful Conversion of Religion (Amendment) Bill, 2024, significantly amending the existing 2021 law to impose stricter penalties for forced or fraudulent religious conversions. The amendment escalates the maximum punishment to life imprisonment, reflecting the state's commitment to curbing unlawful conversions and protecting individuals from coercion and deceit.

Key Provisions of the Amendment

Enhanced Punishments: The amendment introduces stringent penalties for those found guilty of coercing or deceiving individuals into religious conversions. Offenders can now face imprisonment ranging from 20 years to life, along with fines up to ₹5 lakh. 

Expanded Scope for Filing Complaints: Previously, only the victim, their parents, or siblings could file a First Information Report (FIR) under the Act. The amendment broadens this provision, allowing any person to lodge a complaint regarding unlawful conversions.

Non-Bailable Offenses: All offenses under the amended Act are now categorized as non-bailable, emphasizing the seriousness with which the state treats such violations.

Mandatory Sessions Court Hearings: Cases under this Act must be heard in a Sessions Court or higher, ensuring that serious offenses receive appropriate judicial scrutiny.

Advance Notice Requirement for Voluntary Conversions: Individuals intending to convert for marriage must now submit an application to the concerned district magistrate at least two months in advance, aiming to prevent coerced conversions under the guise of marriage. 

Legal Precedents and Constitutional Considerations

Stanislaus v. State of Madhya Pradesh (1977): The Supreme Court upheld state laws prohibiting conversions through force, fraud, or allurement, affirming that the right to propagate religion does not include the right to convert others. 

Kailash v. State of Uttar Pradesh (2024): The Allahabad High Court expressed concern over unlawful conversions of Scheduled Castes and Scheduled Tribes, emphasizing the need for stringent measures to prevent such activities. 

Implications and Criticisms

Supporters' Viewpoint: Proponents argue that the amendment is necessary to protect vulnerable individuals, particularly women and minorities, from coercive religious conversions and to maintain social harmony.

Critics' Perspective: Opponents contend that the law may infringe upon individual freedoms and the right to religious choice. They express concerns about potential misuse to target interfaith marriages and conversions, especially among minority communities.

Conclusion

The Uttar Pradesh Prohibition of Unlawful Conversion of Religion (Amendment) Bill, 2024, represents a significant step by the state government to address concerns over forced or fraudulent religious conversions. While the amendment aims to protect individuals from coercion and deceit, it also raises important questions about the balance between safeguarding individual rights and maintaining social order.

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