Uttar Pradesh Assembly Passes Stricter Anti-Conversion Law

August 7, 2024

On July 30, 2024, the Uttar Pradesh Legislative Assembly passed an amendment to the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, making the 2021 law stricter. Critics say these changes might be misused, similar to laws introduced by BJP-led states since 2017 to address concerns about religious conversions under the guise of “love jihad.”

Background of the Legislation

The original 2021 Act was meant to stop illegal religious conversions. The new amendment claims that foreign and anti-national groups are trying to change the population demographics through unlawful conversions, especially targeting vulnerable groups like minors and Scheduled Castes or Scheduled Tribes.

Key Changes to Penalties

Minimum imprisonment increased from 1 to 5 years, and maximum imprisonment raised to 10 years.
Fines increased from ₹15,000 to ₹50,000.
Offences involving minors or vulnerable individuals now face 5-14 years imprisonment and fines of ₹1 lakh.
Mass conversion penalties increased to a minimum of 7 years and a maximum of 14 years, with fines doubled to ₹1 lakh.
New severe penalties for getting funds for unlawful conversion and for various coercive actions.

Third-Party Complaints

Initially, only “aggrieved persons” and their close relatives could file complaints. Now, third parties, including right-wing activists, can also register FIRs. This change has been criticized for possibly leading to misuse. All offences are now cognizable and non-bailable. The accused must prove their innocence to get bail, making it harder to secure release before trial.

Comparative Legal Context

Other states with anti-conversion laws have different levels of strictness. For example, Madhya Pradesh and Himachal Pradesh require notice periods before a conversion can happen, while Uttar Pradesh demands police inquiries. Some states allow only the affected individual or close family members to file complaints, unlike Uttar Pradesh’s broader provisions that permit third parties to do so.

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