On Tuesday, July 30, the Uttar Pradesh Vidhan Sabha passed the Prohibition of Unlawful Conversion of Religion (Amendment) Bill 2024. The bill, tabled on Monday (July 29) under the leadership of Chief Minister Yogi Adityanath, introduces significant amendments to the state’s Prohibition of Unlawful Conversion of Religion Act 2021.
Key Amendments:
1. Enhanced Penalties: The bill seeks to make the existing law more stringent by increasing the maximum punishment for unlawful conversions from 10 years to life imprisonment. This change aims to address what is described as the “insufficiency” of current penal provisions in dealing with offences involving vulnerable groups.
2. Broadening the Scope: The revised legislation focuses on preventing and controlling conversions involving minors, disabled individuals, mentally challenged persons, women, and individuals from Scheduled Castes (SC) or Scheduled Tribes (ST). The amendments are designed to close existing loopholes and address difficulties encountered in previous legal cases.
3. Filing Complaints: The new bill broadens the scope for filing complaints, allowing “any person” to report violations of the act. This is a shift from the previous law, which restricted the filing of First Information Reports (FIRs) to the relatives of the victim.
4. Increased Imprisonment and Fines:
Fear, Assault, or Force: Individuals who threaten, assault, or use force, or who instigate marriage under duress, face a minimum imprisonment of 20 years, potentially extending to life imprisonment.
Trafficking and Conspiracy: Those involved in trafficking or conspiring to exploit minors, women, or other vulnerable individuals will also face similar penalties.
5. Compensation and Rehabilitation: Fines collected from such cases will be directed towards the victims for medical expenses and rehabilitation. Additionally, courts may impose compensation up to Rs 5 lakh, separate from the imposed fines.
6. Deterring Illegal Funding: The bill includes provisions to deter foreign or illegal funding for religious activities, stipulating a minimum imprisonment term of seven years, extending up to 14 years, and a minimum fine of Rs 10 lakh.
7. Increased Sentences for Specific Offenses:
Crimes Against Vulnerable Groups: The bill increases the maximum imprisonment for offences involving minors, disabled individuals, or persons from SC/ST communities from 10 to 14 years. The minimum fine has also been raised from Rs 25,000 to Rs 1 lakh.
Mass Conversions: The penalty for mass religious conversions has been increased from 3-10 years to 7-14 years, with fines raised from Rs 50,000 to Rs 1 lakh.
8. Stricter Bail Conditions: While the existing act classified these offences as cognisable and non-bailable, the amendments introduce stricter conditions for bail. The prosecution must argue against the bail plea, and the sessions court must be satisfied that the accused is not guilty or will not pose a threat if released on bail.
Four years ago, the Uttar Pradesh Assembly enacted the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021 (the Act), which prohibits religious conversions through “unlawful” means.
The Bill was tabled to protect specific groups, including minors, people with disabilities, women, and individuals from Scheduled Caste (SC) and Scheduled Tribe (ST) communities. According to its statement of objects and reasons, the existing penal provisions under the Act “are not sufficient to prevent and control religious conversion and mass conversion” of individuals from these vulnerable groups.
The Uttar Pradesh Prohibition of Unlawful Conversion of Religion (Amendment) Bill 2024 represents a significant tightening of laws surrounding religious conversion, reflecting the state government’s commitment to addressing and preventing unlawful conversions more effectively.
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