hidden image

Conversion Made a Heinous Crime

Joseph Maliakan Joseph Maliakan
05 Aug 2024

In a blatant violation of Article 25 of the Indian Constitution, which guarantees freedom of conscience and free profession, practice, and propagation of religion to all citizens, the Bharatiya Janata Party government in Uttar Pradesh, on July 31, 2024, amended the 2021 Anti-conversion law, making it nearly impossible to get bail for any offence under the act, similar to as in cases of terrorism, narcotics, and money laundering.

The objects and reasons for bringing the amendment bill said that the original 2021 Act had to be made as stringent as possible given the "sensitivity and seriousness of the crime of illegal religious conversion, the dignity and social status of women, and the organised and planned activities of foreign and anti-national elements and organisations in religious conversion and demographic change."

In this context, the bill is silent about the identity of the foreign and anti-national elements and what demographic changes they have caused after or before the Anti-conversion law came into force. The 2021 law banned religious conversion through marriage, deceit, coercion or enticement.

The law was made specially to deal with 'love jihad,' a conspiracy theory formulated by Hindutva groups under which Muslim men are forcibly converting Hindu women through marriage to increase the Muslim population!

Union government agencies which investigated the conspiracy theory found no evidence of Muslims implementing the theory. However, the Uttar Pradesh government used the law extensively to target both minority Muslims and Christians in the state. Between January 1, 2021 and April 30, 2023, the UP police registered 427 cases under the act and arrested 833 people.

The amendments make the law extremely lethal. For one, anyone can now file a complaint under the act, whereas in the original act, only the victim or their relatives could. Further punishments for offences have been made more stringent. The punishment for any unlawful conversion under the act has been increased from one to five years imprisonment to between three and ten years. The minimum fine has also been increased from 15,000 rupees to 50,000 rupees.

The penalty for unlawful conversion of any minor, a woman or a person belonging to the Scheduled Caste or Scheduled Tribe has been increased from between two to 10 years of imprisonment to between five and 14 years of imprisonment. The minimum fine has been increased from 50,000 rupees to one lakh rupees.

The amendment has also introduced a fresh offence: using coercion or inducement to marry, traffic, or sell with the intent to convert the person. This is punishable by a minimum of 20 years imprisonment, which may even extend to life imprisonment.

In a 2023 study by Article 14, of 101 complaints registered under the UP Act, the complainant was not the victim or a relative of the victim in 63 cases. In many cases, the complainants were members of various Hindutva organisations. The amended provision in the act that enables anyone and everybody to file complaints will wreck the lives of interfaith couples and minority Muslim and Christian populations in Uttar Pradesh, where the police are known to be partial.

The conditions for bail have been made very stringent through the amendment to the act. No person accused of any offence under the act will be granted bail until the public prosecutor is allowed to oppose bail. If the public prosecutor opposes bail (which she or he will invariably oppose), the sessions court may grant bail only if "there are reasonable grounds for believing that the accused is not guilty of such offence" and that the accused is not likely to commit any crime if released on bail.

In fact, the bail conditions in the amendment are as stringent as those in the Narcotics Drugs and Psychotropic Substances Act 1985 and the Prevention of Money Laundering Act 2002. Under these acts, jail is the rule, and bail is the exception! Because for offences under the act, the accused is presumed guilty and has to prove one's innocence in the case BEFORE TRIAL, at the stage of bail.

Between January 21 and June 23, the courts in Uttar Pradesh considered 37 bail applications of people accused of various offences under the act and granted bail in 29 cases (78.3% of cases). However, the new provisions in the act will lead to a huge increase in the number of cases and rejection of bail applications. This will result in prolonged incarceration of people from the minority Muslim and Christian communities since most complaints under the act are against Christians and Muslims.

The constitutionality of the act is under challenge in the Supreme Court of India. A bunch of petitions challenging the act are pending before a three-judge bench of the Supreme Court comprising Chief Justice of India DY Chandrachud, PS Narasimha and JB Pardiwala. The matter was considered by the bench last on March 17, 2023. No date has been set for the next hearing. However, in a separate matter involving the act being heard by a bench comprising Justice Manoj Misra and JB Pardiwala in May 2024, Justice Misra remarked that "law in some part may seem violative of Article 25 of the Constitution". One can only hope that the Supreme Court takes up this critical issue of freedom of conscience and religion without further delay.

Recent Posts

Dr Randall Sequeira's arrest raises questions about the criminalisation of solidarity with Adivasi communities resisting mining projects. As a doctor who chose service over comfort, his case highlight
apicture Jubel D'Cruz
16 Nov 2026
From pioneering healthcare and education to the freedom struggle, social reform and nation-building, Indian Christians have contributed immensely to the country's progress. Yet, their legacy of servic
apicture P. A. Chacko
16 Nov 2026
Sonia Gandhi's Belonging offers an intimate account of a life shaped by love, loss, duty and political upheaval. It challenges the persistent myths cooked up against her while also reflecting on India
apicture A. J. Philip
16 Nov 2026
The US midterm elections offer India an important democratic lesson: political power is never permanent, and no leader is above public scrutiny. A strong opposition, accountable government, independen
apicture Jacob Peenikaparambil
16 Nov 2026
Uttar Pradesh is the Congress's ultimate test of national relevance. Rebuilding its fractured coalition, addressing grievances and negotiating credible alliances are essential if it hopes to regain re
apicture John Dayal
16 Nov 2026
India's political leadership has consistently avoided unscripted public debates, hiding behind parliamentary conventions. Rahul Gandhi's challenge to Narendra Modi revives an important democratic ques
apicture Jijo Thomas Placheril
16 Nov 2026
India's fisheries boom must translate into better lives for those who sustain it. Rising production and exports mean little when traditional fishers face mounting debts, climate risks and inadequate s
apicture Jose Vattakuzhy
16 Nov 2026
Adopted from Kolkata as a toddler, Italian nurse Ramona Tratter returns to her birth country to bring healthcare and hope to marginalised communities in Bengal.
apicture CM Paul
16 Nov 2026
There's a wonderful convenience to changing a name. You can invite the press, pull a cord and have a photograph of the job being done.
apicture Robert Clements
16 Nov 2026
From Serbia to Brazil, Israel, the United States and India, people are challenging authoritarianism, corruption, communalism and war. A global awakening is gathering momentum, with youth-led movements
apicture Cedric Prakash
09 Nov 2026