UP Anti Conversion Law- No Evidence Of Forceful Conversion, Moradabad (UP) Court Releases 2 Brothers

The Muslim man (Rashid) and his brother (Salim or Saleem) were arrested (on 5^th December) soon after they visited the registrar's office in Moradabad to record Rashid's marriage to a Hindu woman, named Pinky (now Muskan Jahan) whose family filed a complaint.

The FIR was lodged at Kanth police station in Moradabad district after the mother of the girl had alleged that Rashid Ali, a resident of Moradabad, was trying to convert her daughter, Pinki, and marry her.

However, as per media reports, on Tuesday (15^th December) Pinky alleged that her mother leveled fake charges against her and her husband and she said that she married Rashid and converted to Islam of her free will.

They were booked under Section 3 (Prohibition of conversion from one religion to another religion by misrepresentation, force, fraud, undue influence, coercion, allurement or marriage) and 5 (1) [Punishment Clause] of Uttar Pradesh Prohibition of Unlawful Conversion of Religion Ordinance 2020 and were presented before the Court on Sunday (06^th December).

Investigation done by the Police

The Kanth police submitted a report before the Court (under Section 169 CrPC) and stated that it could not find evidence of forceful conversion in the case after Pinki denied the allegations of forceful conversion by Rashid and his brother Salim.

It may be noted that Pinky, in her Section 164 CrPC Statement, said that she married Rashid out of her own free will on 24^th July, 2020 in a Masjid situated in Azaad Colony, Dehradun.

She also stated that she knew about Rashid's religion and that she read Quran while performing Nikah.

She also submitted that that she converted out of her own free will and that she wanted to go with her Husband, Rashid.

Court's Order

Taking into account the fact that Police did not find any evidence against Rashid, it filed its report under Section 169 CrPC, it did not ask for their remand and that the Girl, Pinky clearly stated that she wasn't coerced into marriage, the Court of Chief Judicial Magistrate found that "it is not in the interest of Justice to keep Rashid & Salim in the District Jail".

Hence, the Court ordered the release of Rashid & Salim from District Jail, Moradabad on 50,000/- personal bond each. They were released today i.e., on 19^th December 2020.

Background of the Case

As per the report of PTI, a video purportedly showed Bajrang Dal activists asking the couple (Rashid-Pinky) if the woman had given notice to the district magistrate over her intention to change her religion, a requirement under the new ordinance.

Pursuant to this, the Couple was held by the Police. On 6^th December, while the pregnant woman, Pinki, was sent to a shelter home, her husband and brother-in-law were arrested by the Police.

Pinky is the first woman who was detained under the UP Prohibition of Unlawful Conversion of Religion Ordinance 2020.

Thereafter, the woman's mother-in-law (Rashid's Mother) alleged that Pinky/Muskan suffered a miscarriage at a shelter home at Moradabad.

It was alleged by her that "injection might have been administered to her to abort the baby because she dared to marry a Muslim and converted to Islam."

Later, the woman, Pinky/Muskan also alleged that the shelter home was responsible for the miscarriage of her three-month-old foetus – a charge denied by the state administration.

Reacting to the media report, the Child Protection Commission took cognizance of the matter but found that the news was fake. The officials also alleged conspiracy to defame the government.

Child Protection Commission Chairman Dr Vishesh Gupta said Pinki, who is three-month pregnant, did not suffer a miscarriage.

Although Moradabad district officials have denied Pinky had a miscarriage, as per the report of The Print, her ultrasound report, says that her "uterus is bulky" and has "RPC (Retained product of conception)/blood clots in UT", suggesting that she was pregnant and had a miscarriage.

"The report shows that she was pregnant and there was a miscarriage. She still has a part of the foetus in her body, which would have to be cleaned by a procedure," a medical expert in UP told ThePrint.

Row over UP's Ordinance

In related news, the Allahabad High Court on Friday (18^th December) stayed the arrest of a man booked by the UP Police under the recently promulgated Prohibition of Unlawful Conversion of Religion Ordinance, 2020.

A Division Bench comprising of Justices Pankaj Naqvi and Vivek Agarwal has asked the UP Police to not take any coercive action against the accused, Nadeem, until the next date of hearing. The Court said,

"Victim is admittedly an adult who understands her wellbeing. She as well as the petitioner have a fundamental right to privacy and being grown up adults who are aware of the consequences of their alleged relationship."

It may be noted at this juncture that the Chief Justice-led Bench has already issued notices on a batch of PILs challenging the ordinance and has fixed the case for hearing on January 7.

It may be noted that hours after, the ordinance was promulgated by Uttar Pradesh Governor Anandiben Patel on November 28, the police registered their first case against a Muslim man in the state's Bareilly district.

Further, the Uttar Pradesh police, on December 2, stopped a wedding between a 24-year-old Muslim man and a 22-year-old Hindu woman in Capital of Uttar Pradesh, Lucknow. The ceremony was to be solemnised as per Hindu rituals and had the consent of both families.

Allegedly, the police action was based on complaints they received from members of the Hindu Yuva Vahini.

Also, the Delhi High Court on Wednesday (16^th December) came to the rescue of an Interfaith Couple from Uttar Pradesh, who had moved the court (seeking protection) fearing threats, intimidation and acute harassment at the hands of vigilante groups, vested interests and even the authorities, seeking protection.

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