UP Assembly Passes Bill To Make State's 'Anti-Conversion' Law More Stringent, Introduces Life Sentence As Maximum Penalty

The bill proposes a maximum sentence of Life Imprisonment in cases of fraudulent or forced conversions. Earlier, the maximum sentence under the Act was a 10-year Jail term.

The Bill proposes that threatening, attacking, marrying, promising to marry, conspiring, or trafficking a woman, minor, or anyone with the intent to convert will be classified as a serious crime, punishable by up to 20 years imprisonment or life imprisonment (which will mean the remainder of accused's life).

The concerned provision under the Bill states that whoever, with intent to cause religious conversion, puts any person in fear of his life or property, assaults or uses force or promises or induces to marry or conspires or induces any minor, woman or person to traffic or otherwise sells them or abets, attempts or conspires in this behalf, shall be punished with rigorous imprisonment for a term which shall not be less than twenty years but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of the natural life of the person and shall also be liable to fine

The proviso to the said provision provides that such a fine shall be just and reasonable to meet the victim's medical expenses and rehabilitation. It also provides that any fine imposed under this section shall be paid to the victim.

It further provides that the court shall also approve appropriate compensation payable by the accused to the victim of the said religious conversion, which could be up to a maximum of five lakh rupees in addition to the fine.

The Bill also proposes that anyone can register an FIR in conversion cases. Presently, Section 4 of the Act says that only a person who has been converted, his/ her parents, brother, sister, or any other person who is related to him/ her by blood, marriage, or adoption may lodge a first information report about the allegation of such conversion and no one else.

Our readers may note that in many cases, the Courts have granted bail to the accused, noting that the Competent Person had not lodged the FIR under the Act as per Section 4.

Further, the Bill aims to add a new offence of receiving funds from foreign or illegal organisations for unlawful conversion purposes. Offenders will face jail terms ranging between 5 years and 14 years.

Introducing the Bill in the assembly for discussion, Parliamentary Affairs Minister Suresh Khanna today said:

“Kanoon ko aur kathor banaya gaya hai, isme pahle FIR keval peedit vyakti kar sakta tha, ab FIR koi bhi kar sakta hai. Isme saja mein bhi vriddhi ki gayi hai” [The law has been made more stringent. Earlier, only the victim could file an FIR under the Act; now, anyone can do it. The punishment has also been increased under the Act.]

Interestingly, the Supreme Court in May this year orally commented that the Uttar Pradesh 'anti-conversion' law in some parts may seem to be violative of the fundamental right to religion guaranteed under Article 25 of the Constitution.

A division bench of the Top Court had remarked thus while hearing petitions by Vice Chancellor of SHUATS, Dr Rajendra Bihari Lal, and other accused persons, in a case over alleged forceful religious conversions.

In fact, when Senior Counsel Dushyant Dave (for the accused persons) highlighted that Section 4 of the UP Anti-Conversion law, which allows only the aggrieved person or their close relatives to register an FIR, the bench had noted that conversion itself is not an offense unless induced by undue influence, misrepresentation, or coercion, which only the victim can claim.