Table of Contents
THE CONTEXT: The Uttar Pradesh Assembly’s recent amendments to the anti-conversion law, originally enacted in 2021, aim to impose harsher penalties and more stringent bail conditions, ostensibly to curb forced conversions. However, these changes appear to facilitate misuse, particularly against those involved in inter-faith marriages, raising significant concerns about the violation of fundamental rights.
THE ISSUES:
- Increased Penalties and Stringent Provisions: The amendments significantly increase the penalties for unlawful conversions, particularly when minors, women, or certain communities are targeted. The maximum punishment has been raised from 10 years to life imprisonment, with severe penalties for receiving foreign funds for conversions. This penalty escalation is seen as a move to deter conversions but raises concerns about its proportionality and potential misuse.
- Bail Restrictions: The new provisions make obtaining bail difficult for the accused. The amendments stipulate that bail cannot be granted unless the public prosecutor opposes it, and the court must be convinced that the accused is not guilty and unlikely to repeat the offense. This mirrors the stringent bail conditions found in laws like the NDPS Act and PMLA, which are designed to handle severe crimes, thus raising questions about the necessity and fairness of such measures for conversion cases.
- Broadening the Scope for Filing Complaints: Previously, only the aggrieved person or their relatives could file a complaint. The amendments now allow anyone to file a complaint against alleged unlawful conversions. This broadening of the scope is criticized for potentially enabling communal organizations and individuals to misuse the law to target inter-faith marriages and peaceful religious practices.
- Potential for Misuse and Communal Tensions: The law’s vague provisions and the allowance for any individual to file complaints can lead to its misuse, particularly by communal groups. Studies and reports have indicated that the law has been misused to target specific communities and individuals, often without substantial evidence. This misuse exacerbates communal tensions and undermines social harmony.
- Violation of Fundamental Rights: The amendments infringe on fundamental rights, particularly the right to freedom of religion guaranteed under Article 25 of the Indian Constitution. The law’s provisions, such as declaring marriages for conversion as null and void and requiring prior intimation for conversion, are viewed as excessive and intrusive, violating personal liberties and the right to privacy.
- Paternalistic and Regressive Approach: The law adopts a paternalistic approach, implying that individuals cannot make informed decisions about their religious beliefs. This undermines personal dignity and autonomy. The law reflects a medieval mindset incompatible with the values of a modern, democratic society.
THE WAY FORWARD:
- Ensure Adherence to Constitutional Rights: Amend the law to align with the fundamental rights guaranteed under the Indian Constitution, particularly Articles 21 (Right to Life and Personal Liberty) and 25 (Freedom of Religion). The Supreme Court upheld Shafin Jahan vs. Ashokan K.M. (2018), which stated that the right to marry and convert is part of personal liberty.
- Implement Safeguards Against Misuse: Introduce clear guidelines and safeguards to prevent misuse of the law, including stringent checks on who can file complaints and under what circumstances. The Supreme Court in Lata Singh vs. State of Uttar Pradesh (2006) emphasized the need to protect individuals from harassment due to inter-faith marriages. Restrict the right to file complaints to directly aggrieved parties or close family members and establish a preliminary investigation mechanism to filter out frivolous or malicious complaints.
- Ensure Fair Bail Provisions: Revise the bail provisions to ensure they are fair and do not unduly restrict the accused’s liberty. The Supreme Court has held that bail provisions should balance the interests of justice and the rights of the accused to liberty, as seen in Arnesh Kumar vs. the State of Bihar (2014). Ensure that bail is not unreasonably denied, especially in cases where there is no prima facie evidence of coercion or fraud.
- Promote Judicial Oversight: Enhance judicial oversight in implementing the law to prevent arbitrary actions and ensure adherence to constitutional principles. The Supreme Court’s observations in ongoing cases challenging the constitutionality of anti-conversion laws highlight the need for judicial scrutiny. The Gujarat High Court’s interim order protecting parties to inter-faith marriages from harassment is a pertinent example.
- Promote Awareness and Education: Launch awareness campaigns and educational programs to inform the public about their rights and the legal provisions regarding religious conversion and inter-faith marriages. Collaborate with civil society organizations, legal experts, and community leaders to conduct awareness programs highlighting individuals’ legal rights and the proper application of the anti-conversion law.
THE CONCLUSION:
The amendments to the Uttar Pradesh anti-conversion law exacerbate its already controversial nature, potentially criminalizing inter-faith marriages and infringing on individual freedoms. This legislative shift reflects a regressive mindset at odds with the principles of a modern democratic society.
UPSC PAST YEAR QUESTIONS:
Q.1 Constitutional Morality’ is rooted in the Constitution and founded on its essential facets. Explain the doctrine of ‘Constitutional Morality’ with the help of relevant judicial decisions 2021
Q.2 Discuss each adjective attached to the word ‘Republic’ in the preamble. Are they defendable in the present circumstances stances?
Q.3 Discuss the impact of the post-liberal economy on ethnic identity and communalism. 2023
Q.4 Communalism arises either due to power struggle or relative deprivation. Argue by giving suitable illustrations. 2018
Q.5 Distinguish between religiousness/religiosity and communalism, giving one example of how the former has been transformed into the latter in independent India. 2017
MAINS PRACTICE QUESTION:
Q.1 Discuss the recent amendments to the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021. Analyze the potential implications of these amendments on individual freedoms and the broader socio-political landscape.
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