UP 'Anti-Conversion' Law Seeks To Sustain Spirit Of Secularism; Religious Freedom Doesn't Include Collective Right To Proselytize: Allahabad HC

A bench of Justice Rohit Ranjan Agarwal further said that while the Constitution guarantees each person the right to profess, practice, and propagate their religion, however, this individual right does not translate into a collective right to proselytize, as religious freedom equally belongs to both the person converting and the individual being converted.

The Court made these observations while denying bail to one Ajeem, booked under Sections 323/504/506 IPC and Section 3/5(1) U.P. Prohibition of Unlawful Conversion of Religion Act, 2021, on the allegation of forcing a girl to accept Islam, and had also sexually exploited her.

The applicant-accused moved the High Court claiming that he was falsely implicated, asserting that the informant-girl, who was in a relationship with him, left her home voluntarily and had previously confirmed their marriage in statements recorded under Sections 161 and 164 CrPC in a related case.

On the other hand, the AGA, opposing his bail, cited the informant's statement under Section 164 CrPC, which alleged coercion to convert to Islam and described a marriage performed without conversion.

Against the backdrop of these facts, the Court noted that the informant, in her statement recorded under Section 164 CrPC, had categorically stated that the applicant and his family members were coercing her to accept Islam. She was also forced to witness the animal sacrifice, which was being done on the day of Bakrid and also to cook and eat non-vegetarian foods.

The Court also noted that she was allegedly kept in captivity by the applicant and was being forced by his family members to perform certain Islamic rituals, which was not acceptable to her.

Moreover, the Court further considered that she had maintained the FIR version in her statement recorded under Section 164 CrPC.

Importantly, the Court also considered that the applicant could not bring on record any material to demonstrate that an application was moved under Section 8 of the Act of 2021 to convert the informant-girl into Islam before the marriage/Nikah took place, as alleged between him and the informant.

In view of this, his bail application was rejected, noting that there is a prima facie contravention of Sections 3 and 8 of the Act of 2021, which is punishable under Section 5 of the Act of 2021, and the applicant had failed to make out a case for bail.

Case title - Ajeem vs. State of U.P 2024 LiveLaw (AB) 502

Case citation: 2024 LiveLaw (AB) 502

Click Here ToRead/Download Order