UP Anti-Conversion Law Won't Achieve Its Purpose If Prosecutions Under 2021 Act Are Frequently Interfered With: Allahabad HC
The Allahabad High Court has observed that the UP Anti-Conversion Law, enacted in 2021, will fail to achieve its intended purpose if the courts frequently interfere with prosecutions under the Act at their initial stage. Emphasizing that such interferences, especially at the initial stages of legal proceedings, could undermine the effectiveness of the law, a bench of Justice JJ Munir...
The Allahabad High Court has observed that the UP Anti-Conversion Law, enacted in 2021, will fail to achieve its intended purpose if the courts frequently interfere with prosecutions under the Act at their initial stage.
Emphasizing that such interferences, especially at the initial stages of legal proceedings, could undermine the effectiveness of the law, a bench of Justice JJ Munir and Justice Arun Kumar Singh Deshwal remarked thus:
“The Act of 2021 is a new statute which has been enacted by the legislature to curtail a prevailing malady in society. If there is frequent interference with prosecutions at the initial stage under the Act of 2021, the legislation which is still young and designed to curtail a mischief in society that is rife it would be bogged down and fail to achieve its purpose.”
The division bench observed thus while refusing to quash an FIR lodged against one Ruksar under Sections 376 and 506 IPC and Sections 3 and 5(1) of the UP Prohibition of Unlawful Religious Conversion Act, 2021.
The case in brief
The allegation against the petitioner (Ruksar) was that her husband/co-accused (Abdul Rahman), before their marriage, used to stalk the informant (since the year 2022) when she was reading in Class X.
He would follow her to the temple and college and make friends with her. It was also said that once, he called her home and raped her. Later on, this became a regular feature.
After the accused Rahman got married (to petitioner-Ruksar), his brother, Irfan, started stalking the informant. He made friends with the informant. They put the informant in fear of losing her reputation and spoiling her life, and Irfan also raped her.
The allegation against the petitioner (Ruksar) was that she suggested to the informant that she better convert to Islam and marry Irfan (the younger brother of her husband).
Allegedly, on March 30, 024, all the accused, acting in a conspiracy, called the informant over to their place on the pretext of meeting her where she was raped.
The Court noted that as per the allegations, after this ordeal, the accused put her on board a train bound for Karvi and at the Karvi Station, Rahman received the informant and took her to his place, where he raped her through the night.
He allegedly threatened her with death and told her that if she disclosed anything to anyone, all her family would be put to death.
It was argued by the petitioner's counsel that the allegation of raping the victim was against the men-accused and not the petitioner, who is a woman.
It was also submitted that the allegations against the petitioner are limited to an offence under the Act of 2021 as she (allegedly) only wanted the prosecutrix to marry her husband's younger brother and do so after conversion to Islam.
However, considering the allegations in the FIR and the fact that there is also an attempt to convert the petitioner, which is prohibited under the Act of 2021, the Court did not find it a fit case to grant relief to the accused.
Appearances
Counsel for Petitioner: Avanish Pratap Singh, Udai Bhan Singh
Counsel for Respondent: Additional Advocate General Shashi Shekhar Tiwari
Case title - Ruksar vs. State Of Up And 3 Others 2024 LiveLaw (AB) 397
Case citation: 2024 LiveLaw (AB) 397