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Source: The post amendment to Uttar Pradesh’s anti-conversion law has been created, based on the article “On U.P.’s stringent anti-conversion law” published in “The Hindu” on 7th August 2024
UPSC Syllabus Topic: GS Paper 2- Indian Constitution—Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure.
Context: The article discusses amendments to Uttar Pradesh’s anti-conversion law, making penalties harsher, broadening who can file complaints, and imposing strict bail conditions. The changes aim to curb alleged unlawful conversions but raise concerns about potential misuse and constitutional challenges.
For detailed information on Anti-Conversion Law read this article here
What is the purpose of the amendment?
- The amendment makes the 2021 anti-conversion law stricter.
- It targets alleged “organized and well-planned” activities by “foreign and anti-national elements.”
- These elements are accused of influencing demographic changes through unlawful conversions.
- From January 1, 2021, to April 30, 2023, 427 cases were registered under the original Act.
- The aim is to curb these alleged unlawful activities more effectively.
What are the major amendments to Uttar Pradesh’s anti-conversion law?
1. Increased Penalties:
a) Previous punishment: 1 to 5 years in prison and a ₹15,000 fine.
b) New punishment: 5 to 10 years in prison and a ₹50,000 fine.
c) For conversions involving minors, women, or Scheduled Castes and Tribes, the penalty has been raised to 5 to 14 years in prison and a fine of ₹1 lakh.
2. New Offenses Introduced:
a) Using foreign or illegal funds for unlawful conversions: 7 to 14 years in prison and a ₹10 lakh fine.
b) Forcing conversion through threats, violence, or deceit: Minimum 20 years to life imprisonment.
3. Complaint Filing:
a) Initially, only the aggrieved person or close relatives could file complaints.
b) Now, any person can file a complaint.
4. Bail Provisions:
a) All offenses are now cognizable and non-bailable.
b) twin conditions of bail: Under these conditions, bail can only be granted if:
First, the public prosecutor is given an opportunity to oppose the bail application.
Second, the court believes there are reasonable grounds to think the accused is not guilty and will not commit another crime if released.
How does this compare to other states?
- Other States with Anti-Conversion Laws: Odisha, Madhya Pradesh, Arunachal Pradesh, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, and Uttarakhand have similar laws.
- Notification Requirements:
Madhya Pradesh: 60-day prior declaration to District Magistrate.
Himachal Pradesh and Uttarakhand: 30-day prior notice.
Uttar Pradesh: 60-day notice and police inquiry to verify intentions.
- Who Can File Complaints:
Other states limit complaints to the aggrieved person or immediate family.
Uttar Pradesh allows any person to file an FIR.
- Bail Conditions:
Strict “twin conditions of bail” in Uttar Pradesh.
Other states do not have these stringent bail conditions.
- Penalties:
Uttar Pradesh: Minimum of 5 years, up to life imprisonment for severe cases.
Other states: Sentences range from 2 to 10 years.
What are the possible future implications?
The constitutional validity of this amendment is expected to be challenged in the Supreme Court, especially since concerns have been raised about its alignment with the constitutional guarantee of freedom of religion.
Question for practice:
Discuss the major amendments to Uttar Pradesh’s anti-conversion law and their differences compared to similar laws in other states.
