Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021: A Legal Analysis By Advocate Avichal Pandey, Allahabad High Court

Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021: A Legal Analysis

By Advocate Avichal Pandey, Allahabad High Court

Introduction

The Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021 was enacted with the objective of preventing religious conversions carried out through force, fraud, coercion, undue influence, allurement, or other unlawful means. The legislation seeks to balance the constitutional guarantee of religious freedom under Article 25 of the Constitution of India with the State's responsibility to maintain public order and protect individuals from exploitation.

Object and Purpose of the Act

The Act prohibits conversion from one religion to another when such conversion is induced by misrepresentation, force, coercion, undue influence, allurement, fraudulent means, or is undertaken solely for the purpose of marriage. It was introduced in response to concerns regarding unlawful religious conversions and aims to ensure that any change of faith is made voluntarily and with informed consent.

Important Definitions

The Act defines "conversion" as renouncing one's existing religion and adopting another religion. It further defines terms such as "allurement," "coercion," and "fraudulent means" to cover situations where material benefits, threats, psychological pressure, false identity, or deceptive practices are used to influence religious conversion.

Prohibition and Punishment

Section 3 of the Act prohibits unlawful religious conversion. Any person found guilty of converting or attempting to convert another person through prohibited means may face imprisonment and fine. The law provides enhanced punishment in cases involving women, minors, Scheduled Castes, Scheduled Tribes, or mass conversions. The offences under the Act are cognizable and non-bailable.

Procedure for Religious Conversion

A unique feature of the Act is the requirement of prior declaration. A person intending to convert must give a declaration to the District Magistrate at least sixty days in advance. Similarly, the religious convertor conducting the ceremony must provide prior notice. Following such notice, an inquiry may be conducted to ascertain the genuineness of the proposed conversion. Failure to comply with these procedural requirements may render the conversion illegal under the Act.

Effect on Marriage

The Act provides that a marriage performed solely for the purpose of unlawful conversion, or a conversion undertaken solely for marriage, may be declared void by a competent court. However, the law does not prohibit genuine interfaith marriages where no unlawful conversion is involved. Judicial decisions have emphasized that consensual relationships between adults remain protected under constitutional principles.

Burden of Proof

The burden of proving that a conversion was not effected through force, fraud, coercion, or other prohibited means lies upon the person who has caused or facilitated the conversion. This provision distinguishes the Act from ordinary criminal jurisprudence and has been the subject of significant legal debate.

Judicial Perspective

Various courts have examined the scope of the Act. The Allahabad High Court has observed that while the Constitution guarantees freedom of religion, it does not protect forced or fraudulent conversions. At the same time, courts have also cautioned against misuse of the legislation and emphasized that criminal law should not become a tool for harassment of innocent individuals or consenting adults.

Conclusion

The Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021 represents a significant legislative development in the field of religious freedom and public order. While the Act seeks to prevent exploitation through unlawful conversions, its implementation must remain consistent with constitutional values, individual liberty, and the right to freedom of conscience. The evolving judicial interpretation of the Act will continue to shape its application and determine the balance between religious freedom and regulatory oversight in a democratic society.