Amendments to U.P.’s anti-conversion law worsen its unconstitutional features. The Hindu Editorial Explanation 5th August’2024

Synopsis

The article published in the editorial section of The Hindu Newspaper expresses opinions on the recent amendments to the anti-conversion law in Uttar Pradesh which makes it more stringent and susceptible to misuse.

Background Information

The Uttar Pradesh Anti-Conversion Law, originally known as the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021, aims to prevent forced or fraudulent religious conversions in Uttar Pradesh. It addresses concerns about conversions carried out under coercion, undue influence, or deceit, particularly targeting vulnerable individuals such as minors and women. Key provisions include the prohibition of unlawful conversion, prior notice for individuals wishing to convert, nullification of marriage, and penalties for offenders.

Recent amendments aim to make the law more stringent and address issues identified during its initial implementation. Key changes include increased jail terms, foreign funding restrictions, stricter bail provisions, and expanded scope for filing complaints. The amendments propose harsher penalties for those found guilty of unlawful conversion, with the offender facing imprisonment for up to 20 years or even life if minors, women, or specific communities are targeted through force, threat, or coercion.

The Uttar Pradesh anti-conversion law and its recent amendments are vulnerable to misuse due to their broad and vague definitions, expanded scope for complaint filing, stringent bail provisions, and severe penalties. These provisions allow individuals and groups to use the law as a tool for harassment, social control, and targeting specific communities, particularly in the context of inter-faith marriages and religious conversions. The vague terms, such as “force,” “coercion,” “undue influence,” and “allurement,” allow for subjective interpretation by authorities, leading to misuse.

The amendments also allow anyone to file a complaint, allowing communal organizations, political groups, or individuals with personal biases to target others, especially in inter-faith marriages or conversions. The stringent bail conditions, similar to those in laws dealing with severe offences like drug trafficking and money laundering, may not be proportionate to the nature of alleged conversions. The amendments also propose increased jail terms, such as up to 20 years or even life imprisonment, to intimidate individuals and deter genuine conversions. The law’s impact on inter-faith marriages is also significant, as it indirectly criminalizes inter-faith marriages.

The Hindu editorial explanation on anti-conversion law in up

Article Explanation

The Uttar Pradesh Assembly has made several amendments to its anti-conversion law, which was enacted in 2021. By 2023, over 400 cases had been registered under this law, indicating significant enforcement activity. Key amendments include increased jail terms for those found guilty of unlawful conversion, stricter foreign funding restrictions, and stricter bail provisions.

The amendments aim to deter forced conversions and ensure severe punishment for those who violate the law. They also introduce stricter penalties and fines for individuals or organizations receiving funds from foreign sources with the intention of unlawful conversion. These measures aim to cut off financial support for activities deemed as promoting forced or fraudulent conversions.

The amended law also introduces more difficult bail conditions, making it difficult for individuals or organizations to obtain bail. This is similar to other stringent laws like the Narcotic Drugs and Psychotropic Substances (NDPS) Act and the Prevention of Money Laundering Act (PMLA), both of which have tough bail conditions.

The expanded scope for filing complaints raises concerns about potential misuse by communal organizations or individuals opposing inter-faith marriages. The law seems designed to be easily misused, particularly by those with communal or sectarian motives. The amendments are justified by claims of a rise in forced conversions in Uttar Pradesh, but it is unclear whether this increase is factual or a result of widespread misuse of the original law.

The amendments also criminalize inter-faith marriages, treating “conversion by marriage” as a form of unlawful conversion. This is seen as violating fundamental rights, including the right to freedom of religion and the right to marry a person of one’s choice. Additionally, the amendments reflect a mindset that is considered backward and not in line with the democratic and forward-looking principles of the Indian Constitution.

In summary, the amendments to the Uttar Pradesh anti-conversion law are seen as making the law more stringent and susceptible to misuse, particularly against inter-faith marriages and conversions.

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