The Uttar Pradesh government has tabled a bill in the state assembly to amend its existing anti-conversion law, proposing significantly harsher penalties and widening the scope of enforcement. The Uttar Pradesh Prohibition of Unlawful Conversion of Religion (Amendment) Bill, 2024, seeks to address what the government perceives as inadequacies in the current legislation to combat unlawful religious conversions effectively.
Chief Minister Yogi Adityanath's administration argues that the amendments are necessary to tackle the "sensitivity and seriousness" of illegal religious conversions, protect the dignity and social status of women, and counter "organised and planned activities of foreign and anti-national elements" in driving demographic changes through conversions.
Key amendments proposed:
1. Enhanced Penalties: The bill proposes to increase the maximum punishment from the current 10 years to life imprisonment for severe offences. In cases involving minors, women, disabled individuals, or members of Scheduled Castes and Scheduled Tribes, the punishment ranges from 5 to 14 years of imprisonment, up from the existing 2 to 10 years.
2. Increased Fines: The amendments introduce substantially higher fines, with a maximum of Rs 10 lakh in certain cases, a significant jump from the current maximum of Rs 50,000.
3. Broader Reporting Authority: Unlike the existing law, which allows only aggrieved persons or their close relatives to file complaints, the new bill permits "any person" to lodge a First Information Report (FIR) regarding unlawful conversions.
4. Stricter Bail Provisions: The bill aims to make obtaining bail more challenging for accused individuals. It proposes that bail applications can only be considered after the public prosecutor has been given an opportunity to oppose the release.
5. Mass Conversion Penalties: For mass religious conversions, the proposed punishment is 7 to 14 years imprisonment with a minimum fine of Rs 1 lakh, increased from the current 3 to 10 years imprisonment and Rs 50,000 fine.
6. Foreign Funding: A new provision targets individuals receiving funds from foreign or illegal organisations for unlawful conversions, prescribing 7 to 14 years of imprisonment and a minimum fine of Rs 10 lakh.
7. Compensation for Victims: The bill introduces provisions for compensating victims of unlawful conversions, with courts empowered to approve compensation up to Rs 5 lakh, in addition to fines imposed on the accused.
Specific offences and punishments:
The amended bill outlines severe penalties for those who use threats, force or deception to cause religious conversions. Particularly, it targets individuals who put others in fear for their life or property, use force, promise or instigate marriage, or engage in human trafficking for conversion purposes. Such offences can now attract a minimum of 20 years imprisonment, extendable to life imprisonment, along with substantial fines.
Rationale and controversy:
The Uttar Pradesh government justifies these amendments as necessary to protect vulnerable sections of society and maintain social harmony. The bill's statement of reasons highlights concerns over the dignity of women, the welfare of marginalised communities, and the perceived threat of demographic changes through conversions.
However, the proposed changes have sparked controversy. While supporters, including members of the ruling Bharatiya Janata Party (BJP) and certain Hindu nationalist organisations, argue that stricter measures are essential to prevent forced conversions, critics view the amendments as potentially infringing on religious freedoms and personal liberties.
Opposition parties and human rights activists have raised concerns that the law could be misused to target interfaith relationships and disproportionately affect minority communities particularly Christians. They argue that such stringent provisions might exacerbate communal tensions and undermine the secular fabric of Indian society.
The bill is scheduled for consideration and passage in the Uttar Pradesh Assembly on 30 July 2024. Its introduction follows an ordinance issued in November 2020, which was later enacted as the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act 2021. The current amendments seek to further strengthen this law, which is already allegedly being misused to target members of the minority Christian community in the state.
