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

A Moradabad Court (Uttar Pradesh) has ordered the release of two brothers named Rashid & Salim (or Saleem) who were arrested earlier this month, under the newly promulgated Uttar Pradesh Prohibition of Unlawful Conversion of Religion Ordinance 2020 (Love-jihad law) The Muslim man (Rashid) and his brother (Salim or Saleem) were arrested (on 5th 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 (15th 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 (06th 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 24th 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 19th 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 6th 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 (18th 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, ...

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

Sparsh Upadhyay

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