UP to bring ordinance to check illegal religious conversions

LUCKNOW : The Uttar Pradesh government proposes to bring a new law, as an ordinance, to check illegal religious conversions brought about by force, enticement or marriage wherein women are converted to another faith in instances of what many pro-Hindutva outfits have described as “love jihad”.

Besides stricter punishment, the proposed law will have provisions to make violations a cognizable offence and declare the marriages “void” if the only objective is to convert a woman from one religion to another.

As the state legislature is not in session, the state home department has worked out a draft ordinance titled “Uttar Pradesh Vidhi Virudh Dharmantaran Pratishedh Adhyadesh 2020 (Uttar Pradesh Prohibition of Illegal Conversions Ordinance- 2020)”. The state law department is likely to process the draft ordinance that would soon be sent to governor Anandiben Patel for her approval.

A senior officer of the state home department privy to the development said, “There are a number of instances when religious conversions have been done by giving direct enticement. There are also examples of people being converted to

other religions by force, trickery or by marriage. The new law will provide for stricter punishment and a declaration before a competent authority that the conversion is not being done by force, giving enticement, using fraudulent means or by marriage. Any marriage performed only for converting a woman to another religion will be declared void.”

A senior police officer said religious conversion just for marriage had also come to notice during investigation of 14 instances of inter-faith marriage in Kanpur, where women’s religion was converted to another only for the purpose of marriage.

“Yes, the state government is contemplating an ordinance to check illegal religious conversions,” additional chief secretary, home, Awanish Kumar Awasthi said when asked to comment on the draft ordinance.

Under the proposed law, the offences will be non-bailable and tried only in the court of a first-class magistrate.

Those violating the provisions may be punished with

imprisonment of one to two years with a fine of not less than Rs 15, 000. In case the girls are minors or belong to the scheduled castes or scheduled tribes, the imprisonment will be two to seven years with a minimum fine of Rs 25,000. In case of group conversions, the law will have provision for imprisonment of two to 10 years and a minimum fine of Rs 50,000.

Those volunteering for religious conversion will have to give information to the competent authority a month in advance and those violating this provision will invite imprisonment of six months to three years and a minimum penalty of Rs 10,000.

Any institution/organisation found violating the provisions of law would also be penalised and not be given any financial assistance. A provision to formulate necessary rules in this regard is also proposed under the law.

The Uttar Pradesh State Law Commission, in its eighth report, had provided draft for Uttar Pradesh Freedom of Religion Bill to enact a law to ban religious conversions.

“This draft ordinance has been worked out on the basis of the draft freedom of religion bill,” said a government spokesman.

“Many states have laws about freedom to follow religion. A need to bring an ordinance has been felt for a law on conversion from one religion to other in the backdrop of orders of the Supreme Court of India. The proposed law will provide for stricter punishment in case of conversion of girls who are minor or belong to the scheduled castes or scheduled tribes,”

said the officer.

Another officer said if people from two different religions wanted to get married than they should do so under the Special Marriage Act, 1954 enacted to provide a special form of marriage for the people of India and all Indian nationals in foreign countries, irrespective of the religion or faith followed by either party. He said marriages solemnised under the Special Marriage Act are not governed by personal laws.

Citing a recent order of the Allahabad high court, the official said religious conversion was not necessary for marriage. He said the court had recently dismissed a writ petition filed by a married couple who sought police protection.

In the case, the court said that religious conversion just for the purpose of marriage was not acceptable, he added.

Uttar Pradesh chief minister Yogi Adityanath had earlier issued a warning against “love jihad” and said the government was working to bring a strict law to curb such incidents.

He said the government was making concerted efforts to legally stop such cases of forcible conversions.