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

Close at the heel of our other neighbours, Nepal's journey has swung between hope and betrayal. The monarchy fell, the republic faltered, and now its youth demand dignity, justice, and a future free f
apicture A. J. Philip
15 Sep 2025
The recent Vice-Presidential election has exposed deep cracks in India's democracy. Cross-voting, intimidation, abstentions, and invalid ballots have raised serious doubts. It ultimately begs the ques
apicture M L Satyan
15 Sep 2025
September 11 carries memories of violence and division, but also of Gandhi's Satyagraha and Vivekananda's call to end fanaticism. In a world scarred by war, injustice, and hate, 9/11 must challenge us
apicture Cedric Prakash
15 Sep 2025
India may soon become the world's third-largest economy, but its low per capita income, unmitigated inequality, weak healthcare, and fragile education system reveal a different truth. GDP milestones a
apicture Jacob Peenikaparambil
15 Sep 2025
Modi's long-delayed visit to Manipur are mere optics. After two years of silence amid ethnic cleansing, displacement, and inhumanity by the Meiteis, what peace, protection of minorities, and restorati
apicture Dr Manoj Kumar Mishra
15 Sep 2025
Umar Khalid, the Jawaharlal Nehru University scholar who has spent more than five years in jail, on Thursday, September 11, told a Delhi court that the larger Conspiracy case in connection with the 20
apicture Joseph Maliakan
15 Sep 2025
Looking back at the 100 years of Medical Mission Sisters, there was a pioneering spirit to begin health care facilities for the less privileged, openness to look at themselves critically to make their
apicture Sr. Mary Pullattu, MMS
15 Sep 2025
Though declared a secular republic in 2008, the nation's legal and cultural frameworks remain steeped in Hindu-majority sentiment. Nepal's National Penal Code of 2017 criminalises religious conversion
apicture CM Paul
15 Sep 2025
To be a "Carmelite on the street" is to unite deep prayer with public courage. We must build interior castles yet opening their gates, carrying contemplation into classrooms, farms, protests, and parl
apicture Gisel Erumachadathu, ASI
15 Sep 2025
In today's India, more than flyovers or metros, what we desperately need are bridges. Bridges between communities. Bridges between faiths. Bridges strong enough to carry us into the future without col
apicture Robert Clements
15 Sep 2025