Uttar Pradesh’s anti-conversion law

Source: PIB
GS II: Government policies and interventions for development in various sectors and issues arising out of their design and implementation

Overview

1. News in Brief
2. Key amendments
3. Constitutional Provisions related to religious conversions

Why in the News?

Recently, the Uttar Pradesh Legislative Assembly amended the 2021 anti-conversion law, making its provisions more stringent.

News in Brief

• The amendment strengthens the 2021 anti-conversion law to curb alleged organised and well-planned activities by foreign and anti-national elements accused of influencing demographic changes through unlawful conversions.
• With 427 cases registered under the original Act between January 2021 and April 2023, the goal is to more effectively address these concerns.

Key amendments

• Punishment: 5 to 10 years in prison and a ₹50,000 fine.
• Specific Cases: Penalty raised to 5 to 14 years in prison and a fine of ₹1 lakh.
• Foreign/Illegal Funds: 7 to 14 years in prison and a ₹10 lakh fine for using illegal funds.
• Forced Conversion: 20 years to life imprisonment for conversion through threats, violence, or deceit.
• Cognizable and Non-Bailable: All offences are now cognizable and non-bailable.
• Bail Conditions: Twin conditions of bail, requiring the prosecutor’s input and the court’s satisfaction.

Anti-Conversion Laws in India

1. About: Aim to prevent forced, fraudulent, or induced religious conversions.
2. Historical Context: Pre-Independence laws restricted conversions; post-Independence, central attempts failed.
3. State-Level Laws: Enacted in Odisha, Madhya Pradesh, Gujarat, and other states, often requiring notification or prohibiting forceful conversions.
4. Centre’s Stand: Affirms the right to religion, excludes coercive conversions; no special law proposed.
5. Challenges: Constitutional concerns, burden of proof on the accused, impact on interfaith marriages, misuse and targeting of minorities.

Constitutional Provisions related to religious conversions

• Article 25: Freedom of Conscience, Profession, Practice, and Propagation 
  • Guarantees freedom of conscience and the right to freely profess, practice, and propagate religion, subject to public order, morality, and health. Allows regulation of secular activities associated with religion.
• Article 26: Freedom to Manage Religious Affairs
  • Entitles religious denominations to manage their own religious affairs, subject to public order, morality, and health.
• Article 27: Prohibition of Religious Taxes
  • Guarantee the freedom to manage religious affairs, contribute monetarily to religion, and establish and administer educational institutions.
• Article 28: Freedom from Religious Instruction
  • Religious instruction is prohibited in schools fully funded by the state but allowed in institutions administered under religious trusts or receiving state aid, provided attendance is voluntary.

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