Synopsis: The State Law Commission of Uttar Pradesh submitted a report to the CM in 2019, along with a draft of ‘Uttar Pradesh Freedom of Religion Act, 2019’ proposing that “Conversion to be declared null and void for the sole purpose of marriage.”
An ordinance on unlawful conversion was promulgated by Uttar Pradesh Governor Anandiben Patel days after it was passed by the Yogi Adityanath-led state cabinet, officials said on Saturday.
Earlier this week, the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Ordinance, 2020, was approved by the State Cabinet and enforced on November 27.
The ordinance renders religious conversion an offence, requiring punishments of up to 10 years in prison if it is found to be committed through marriage or by misrepresentation, force, undue influence, coercion, allurement or other possibly fraudulent means.
Violation of the provisions would invite a period of imprisonment of not less than one year, extendable to five years, with a fine of around Rs. 15,000. If however, a minor, a woman or person belonging to the communities of the Scheduled Caste or Scheduled Tribes is converted by the said unlawful means, the period of imprisonment will be at least three years and could be increased to 10 years with a fine of about Rs. 25,000.
The ordinance, passed by the State Cabinet, also provides for stringent measures against mass conversions, which would provide for a period of imprisonment of not less than three years and up to 10 years and a fine of around 50,000.
The court shall also grant the victim of such conversion sufficient compensation payable by the accused, which may be increased to a maximum of 5 lakh, the ordinance said.
The ordinance states that any marriage performed by a man of one religion with a woman of another religion with the sole intention of “illegal conversion or vice versa”, either by converting himself before or after marriage, or by converting the woman before or after shall be declared void.
One who wishes to convert his or her religion shall give the District Magistrate (DM) or Additional District Magistrate (ADM) a statement in a prescribed form at least 60 days in advance that he or she wishes to convert without any force, coercion, undue influence or allurement on his or her own and with his or her free will. Violation of this provision could result in a person being imprisoned for three months to three years.
Any religious convert who conducts a ceremony to convert any person from one religion to another religion shall give the DM or ADM a month’s advance notice in a prescribed form. Violation of this provision would call for a one to five-year prison term.
Furthermore, the ordinance specified that the duty of demonstrating that a conversion was not accomplished through misrepresentation, force, undue influence, coercion, persuasion, fraudulent means or marriage will fall on the person who induced the conversion or the person who initiated it.