UP Governor Promulgates Uttar Pradesh Prohibition of Unlawful Conversion of Religion Ordinance 2020

The Governor of Uttar Pradesh, Anandiben Patel has promulgated the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Ordinance 2020 (Uttar Pradesh Vidhi Viruddh Dharm Samparivartan Pratishedh Adhyadesh 2020). The Uttar Pradesh Cabinet on Tuesday (24th November) gave its nod to the draft ordinance which makes unlawful religious conversion a non-bailable and cognizable offence [Section 7]. The preamble to the Act Reads - "To provide for prohibition of unlawful conversion from one religion to another by misrepresentation, force, undue influence, coercion, allurement or by any fraudulent means or by marriage and for the matters connected therewith or incidental thereto." Key Provisions in the Ordinance * Prohibition of conversion from one religion to another religion by misrepresentation, force, fraud, undue influence, coercion, allurement or marriage. - No person shall convert or attempt to convert, either directly or otherwise, any other person from one religion to another by use or practice of misrepresentation, force, undue influence, coercion, allurement or by any fraudulent means or by marriage nor shall any person abet, convince or conspire such conversion: Provided that, if any person reconverts to his immediate previous religion, shall not be deemed to be a conversion under this Act. [Section 3] * The Ordinance states that if any conversion is made due to any Allurement, Gift, Gratification, Easy Money, Material Benefit, Employment, Free education in reputed school or better lifestyle, divine displeasure or due to Coercion, Fraudulent means, then such a conversion shall be punishable under Section 5. * The Ordinance provides that there shall be Prohibition of conversion from one religion to another religion by way of misrepresentation, force, undue influence, coercion, allurement or by any fraudulent means. * Aggrieved Person - Any aggrieved person, his parents, brother, sister, or any other person who is related to him by blood, marriage or adoption may lodge a complaint of such conversion which contravenes the provisions of section 3. * The Ordinance also states that whoever contravenes the provisions of Section 3, shall, without prejudice to any civil liability, be punished with imprisonment for a term, which shall not be less than one year but which may extend to five years and shall also be liable to fine (not less than rupees 15,000): * The Ordinance also provides that whoever contravenes the provisions Law in respect of a minor, a woman or a person belonging to the Scheduled Caste or Scheduled Tribe shall be punished with imprisonment for a term which shall not be less than two years but which may extend to seven years and shall also be liable to fine (not less than rupees 25,000). * Mass Conversion – The Ordinance provides that whoever is found indulged in mass conversion (while contravening the provisions of law), shall be punished with imprisonment which shall not be less than three years but which may extend to 10 years and shall also be liable to fine which shall not be less than 50,000. * Further, the Court can direct the Accused to pay as compensation (up to rupees 5 lakh) to the Victim of such Religious Conversion * Conversion done for the sole purpose of marriage or vice versa - If any marriage is done for the sole purpose of unlawful conversion or vice versa, by the man of one religion with the woman of another religion either by converting himself before or after marriage or by converting the woman before or after marriage may be declared void by the family Court or where family Court is not established, the Court having jurisdiction to try such case on a petition presented by either party thereto against the other party of the marriage. [Section 6] In other words, this section states that in both the scenarios, i.e. when marriage is done for the sole purpose of an unlawful conversion or when an unlawful conversion is done for the sole purpose of marriage, such a marriage could be declared null and void (on a petition presented by either party thereto against the other party of the marriage.).The proviso to this Section states that all the provisions of sections 8 and 9 shall apply to such marriages. * Desire to convert religion voluntarily - One who desires to convert his religion voluntary, he/she shall give a declaration in the form prescribed in Schedule I at least 60 days in advance, to the District Magistrate. It has to be clearly stated in the form that the conversion is being done out of free will and that the person wishes to convert his religion without force, undue influence, coercion, allurement Failure to do so will invite imprisonment for a term which shall not be less than six months, but may extend to 3 years and shall also be liable to fine. The DM will have to satisfy himself/herself that the Conversion is made voluntarily, if ...

UP Governor Promulgates Uttar Pradesh Prohibition of Unlawful Conversion of Religion Ordinance 2020

Sparsh Upadhyay

Tags