On 29th July, Chief Minister of Uttar Pradesh, Yogi Adityanath, tabled the Uttar Pradesh Prohibition of Unlawful Conversion of Religion (Amendment) Bill, 2024, in the State Assembly. The proposed bill, when passed, will increase the maximum punishment from 10 years to life imprisonment. Furthermore, any person can file a complaint, and bail in such matters will become more difficult.
The government of UP has said that the existing provisions under the Prohibition of Unlawful Conversion of Religion Act, 2021 are not sufficient. Bill’s statement of reasons read, “Keeping in mind the sensitivity and seriousness of the crime of illegal religious conversion, the dignity and social status of women, and the organised and planned activities of foreign and anti-national elements and organisations in illegal religious conversion and demographic change, it has been felt that the amount of fine and penalty provided in the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act should be increased and the bail conditions should be made as stringent as possible.”
It further read, “As the existing penal provisions of the Act are not sufficient to prevent and control religious conversion and mass conversion in respect of minor, disabled, mentally challenged person, woman or person belonging to Scheduled Caste or Scheduled Tribe, thus there is a need to amend the Act above. It has been decided that, in addition to the above, it has also become necessary to resolve certain difficulties that have arisen in the past in various cases regarding legal matters… (related) to Section 4 of the Act.”
The key changes proposed in the bill tabled by CM Yogi Adityanath
As per the existing provisions, any aggrieved person, his or her parents, siblings any other blood relative, and anyone related by marriage or adoption can file a complaint in the matter. However, the bill tabled by CM Yogi Adityanath proposes that the ambit be widened to “any person”. The proposed legislation read, “Any information related to violation of the provisions of the Act can be given by any person”.
As of now, the maximum punishment in such cases is 10 years. However, the bill proposes that any person intending to cause religious conversion can be put behind bars for life. Furthermore, assaults, use of force, promises or instigating marriage, conspiring or inducing any minor, woman or person to traffic or otherwise sell them or attempting on this behalf will lead to rigorous imprisonment not less than 20 years that can be extended to life imprisonment. The bill proposes that the onus to prove the conversion has not been done forcibly will lie on the accused and the person who has been converted. Those who seek to convert must notify the district magistrate using a prescribed form two months in advance. In case anyone fails to comply, he or she may face a jail term of six months to three years.
The fine imposed under the Act would be paid to the victim for medical expenses and rehabilitation. The bill tabled by CM Yogi Adityanath read, “The court shall also approve appropriate compensation payable by the accused to the victim of the said religious conversion, which may be up to Rs 5 lakh, which shall be in addition to the fine.”
The bill further proposed to increase punishment for anyone who receives foreign funding or funds from illegal institutions in connection to unlawful religious conversion to at least seven years of rigorous imprisonment that can be extended to 14 years. In addition to it, the person will be liable to pay a minimum fine of Rs 10 lakh.
The bill further proposed that whoever contravenes the provision about a minor, disabled or mentally challenged person, woman or SC/ST, will face rigorous imprisonment for up to 14 years and will be liable to pay a fine of a minimum of Rs 1 lakh. As per the current provisions, the maximum imprisonment is up to 10 years and the minimum fine is Rs 25,000.
In case of mass religious conversions, the person may face punishment of 7-14 years with a minimum fine of Rs 1 lakh. Currently, there is the provision of 3-10 years of imprisonment and a minimum fine of Rs 50,000.
A sub-section under Section 7 of the current Act has been proposed to make it more stringent. Section 7 states, “Notwithstanding anything contained herein, all offences under this Act shall be cognizable and non-bailable and shall be triable by the Court of Session.” The proposed sub-section states, “A person accused of any offence punishable under the Act, if in custody, shall not be released on bail unless the public prosecutor is given an opportunity of opposing the application for bail for such release, or where the public prosecutor opposes the bail application, the session court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that no offence can be committed by him while on bail.”
The bill tabled by CM Yogi Adityanath is expected to get passed in UP Vidhan Sabha on 30th July 2024.
