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Prohibition of Unlawful Religious Conversion Ordinance, 2020

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Uttar Pradesh Prohibition of Unlawful Religious Conversion Ordinance, 2020
Uttar Pradesh Legislature
  • An Ordinance 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.
CitationUP Ordinance No.21 of 2020
Territorial extentUttar Pradesh
Enacted byUttar Pradesh State Cabinet
Enacted24 November 2020
Assented to28 November 2020
SignedAnandiben Patel, Governor of Uttar Pradesh
Introduced byGovernment of Uttar Pradesh
Related legislation
Orissa Freedom of Religion Act, 1967
Arunachal Pradesh Freedom of Religion Act, 1978
Gujarat Freedom of Religion Act, 2003
Himachal Pradesh Freedom of Religion Act 2006
Uttarakhand Freedom of Religion Act, 2018
Madhya Pradesh Freedom of Religion Bill, 2020
Keywords
Unlawful Conversion, Unlawful inter-faith marriages, Allurement, Convincing for Conversion, Force, Fraudulent, Coercion, Undue Influence, Minor, Religion, Mass Conversion, Religion Convertor
Status: In force

The Uttar Pradesh Prohibition of Unlawful Religious Conversion Ordinance, 2020 (Hindi: उत्तर प्रदेश धर्म विधि विरुद्ध धर्म संपरिवर्तन प्रतिषेध अध्यादेश, romanized: Uttara Pradēśa Vidhi Virudha Dharma Saṁparivartana Pratiśēdha Adhyādēśa, 2020), referred to as the Love Jihad law by most of the media,[1][2] is an anti-conversion law enacted by the Government of Uttar Pradesh, India. The Uttar Pradesh state cabinet cleared the ordinance on 24 November 2020 following which it was approved and signed by state Governor Anandiben Patel on 28 November 2020.[3][4]

The law makes religious conversion non-bailable with up to 10 years of jail time if undertaken through misinformation, unlawfully, forcefully, allurement or other allegedly fraudulent means. The law also requires that religious conversions for marriage in Uttar Pradesh has to be approved by a district magistrate. The law also encompasses strict action for mass conversion, including cancellation of registration of social organisation involve in mass religious conversion.[5]

The ordinance was passed amid media publicity and heated debate over love jihad.[6] However, the law itself contains no mention of love jihad.[7] The ordinance was passed days after the Yogi Adityanath government launched 'Mission Shakti', a campaign for the safety and security of women in the state.[8][9]

An amendment to the ordinance was passed in July 2024, strengthening it. There will now be harsher provisions in the anti-conversion laws, such as life in prison. The legislation has changed to specifically for anyone who threaten, attack, marry, promise to marry, plot, or traffic women, minors, or anybody else with the objective of converting them. These acts are now classified as serious crimes. Penalties for such offenses range from 20 years to life in prison.[10]

Background

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Further information: Freedom of religion in India

Prior to India's independence, during the British Raj, Hindu princely states including Kota, Patna, Surguja, Udaipur, and Kalahandi passed laws restricting religious conversions "in an attempt to preserve Hindu religious identity against Muslims."

Prior conversion legislation

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Prior legislation passed in India to check conversion include:[11]

  • Before Independence
    • Raigarh State Conversion Act, 1936
    • Surguja State Apostasy Act, 1942
    • Udaipur State Anti-Conversion Act, 1946
  • After Independence
    • Orissa Freedom of Religion Act, 1967
    • Madhya Pradesh Freedom of Religion Act, 1968
    • Arunachal Pradesh Freedom of Religion Act, 1978
    • Gujarat Freedom of Religion Act, 2003
    • Himachal Pradesh Freedom of Religion Act, 2006[a]
    • Uttarakhand Freedom of Religion Act, 2018

Laws prohibiting conversion have been passed under various governments — Swatantra Party government in Odisha in 1968 ; Congress Party government in Himachal Pradesh in 2006. The 2020 UP ordinance contains similar grounds as what was mentioned in these laws.[12]

Jurisprudence from High Courts across the country have said that conversion is not a casual matter. In 2014, the Allahabad High Court stated in a judgement that if conversion "is resorted to merely with the object of creating a ground for some claim of right" it would be "a fraud upon the law".[13] The Akhilesh Yadav government in Uttar Pradesh at the time took a similar stand.[12] In the case of Lily Thomas vs Union of India in 2000, the Supreme Court nulled the marriage on the basis that if someone "feigns to have adopted another religion just for some worldly gain or benefit" it was "religious bigotry".[12]

According to human rights bodies such as International Christian Concern and United States Commission on International Religious Freedom (USCIRF) "no individual has been convicted of forced conversions in India" and the "laws have resulted in few arrests".[14][15]

Uttar Pradesh Freedom of Religion Act, 2019 draft

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In 2019, the Uttar Pradesh State Law Commission under Justice Aditya Nath Mittal had compiled a report on unlawful religious conversion and proposed a draft Uttar Pradesh Freedom of Religion Act, 2019.[16] The long title of the draft bill stated: "to provide freedom of religion by prohibition of 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."[17] The commission stated that the Indian Penal Code is "not sufficient" to prevent conversions.[14]

Usage of the term love jihad

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(Left) Chief Minister Adityanath told a gathering on 31 October 2020 that his government will make a law to curb "love jihad". (Right) The law was given assent by Governor Anandiben Patel.

On 31 October, Uttar Pradesh Chief Minister Yogi Adityanath announced that a law to curb 'Love Jihad'[b] would be passed by his government.[19][20] Following the publication of the draft and assent of the bill, some commentators distanced themselves from attaching the phrase "love jihad" to the bill. While some media reported that the law was related to "love jihad", even calling the ordinance the 'love jihad law' and 'love jihad ordinance';[16][21][22] the law itself contains no mention of love jihad.[7][1] Days before the ordinance, on 17 October, the Yogi Adityanath government launched 'Mission Shakti', a six-month campaign for the safety and security of women in the state.[8][9]

Allahabad High Court judgement

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Uttar Pradesh Chief Minister Yogi Adityanath had cited an Allahabad High Court judgement in 2020 as one of the basis for the new law.[23][24] However, the court later commented on the same judgement, overriding it by saying that it was "not [...] good law".[24][25]

Provisions

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The ordinance defines as:[26][27]

  1. Allurement: means any gift, gratification, easy money or material benefit either in cash or kind, employment, free education in a reputed school run by any religious body ,a etter lifestyle, divine pleasure ,,r otherwise.
  2. Coercion: forcing someone to do something against their will by employing physical force or psychological coercion that threatens or injures them.
  3. Conversion: by renouncing one's own religion and adopting another religion.
  4. Fraudulent: means impersonation by false name, surname, of religious symbols.
  5. Religion converter: refers to a person of any religion who converts to another, regardless of the title they go by, such as Mulla, Father, Karmkandi, or Maulvi.

The law makes conversion non-bailable with up to 10 years of jail time if undertaken unlawfully, that is if "done through misrepresentation, force, undue influence, coercion, allurement, fraudulent means" or solely for marriage.[5] The ordinance also lays down provisions related to mass conversions.[5] The law requires that religious conversions for marriage in Uttar Pradesh to be approved by a district magistrate.[5] Uttar Pradesh Law Commission says that the proposed law does not include any restriction on interfaith marriage.[22] But experts point out that the vague framing of law makes it easy for the police to interrogate any interfaith marriage and harass Muslim men and interfaith couples.[28]

Usage

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A few hours after the ordinance came into effect, the first case was filed.[29][30] Muskan Jahan, then 3 months pregnant, was the first woman detained under the new ordinance.[31] She was sent to a 'protection home' after her husband was arrested where she suffered a miscarriage allegedly due to negligence by authorities.[31] Both were later released after a court found no evidence of 'love jihad'.[32] In relation to another case being brought before the police, a senior police officer in Shahabad said:[33]

"It is a fact that the two were in love. She knew that he was a Muslim and went to the court to marry him, [...] Now that we received a complaint of forceful conversion, we registered the case and made the arrest. Whether it is justified or not, is for the court to decide. In such cases, the girl's statement is sacrosanct."

The law has empowered Hindu nationalist groups like the Bajrang Dal and used by them to stop interfaith marriages between consenting adults and prosecute them for it.[33][34] Within 1 month of passing the law, 14 cases were initiated and 51 arrests made.[35] Of these, 13 cases alleged that Hindu women were converted to Islam and in the one case it was alleged that the conversion was to Christianity.[35] In 8 cases, the women gave statements saying that they are a friend or in a relationship with the accused person and in one case, there was a married couple.[36][35] The onus to prove that the conversions were not forced was placed on the convert and the accused.[37] In only 2 cases, the complaint was made by girls themselves,[35] including one case in Hardoi where a woman was brought by the Bajrang Dal to file a case who claimed that she was enchanted with a tabeez (religious locket).[33]

In another incident, Uttar Pradesh police stopped a Muslim wedding ceremony and detained the couple for a night inside the police station mistaking the bride as a converted Hindu woman on the basis of rumours.[38] An interfaith couple has also fled Uttar Pradesh and sought protection in Delhi High Court from Uttar Pradesh police applying the law against them.[39] In a village in Firozabad, a mob chased the family of an accused in a case where the 'victim' has denied allegations of 'love jihad' while the police is still searching for the accused.[40] There were also reports of Uttar Pradesh police refusing to register cases under the provisions of 'love jihad law' when the complainants were muslim women who converted to Hinduism for marrying Hindu men but were later rejected by their husbands after marriage.[41]

First conviction

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In the first conviction under the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021 (Anti-Love Jihad Act), a Muslim youth in the state's Amroha district was given a five-year prison sentence for attempting to marry a Hindu girl under false pretenses by concealing his religion.[42][43]

Criticism and support

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Numerous experts have described the law as unconstitutional including former Law Commission chairman Justice A. P. Shah & former Supreme Court judge Madan Lokur.[44][45] The criticism is largely focused on denying the right to freedom of religion and restricting women's rights to choose their partner.[46][47] In December 2020, 104 former bureaucrats have written an open letter to Chief minister Yogi Adityanath asking him to repeal the law. They alleged that UP "has become the epicentre of politics of hate, division and bigotry and the institutions of governance are now steeped in communal poison".[48]

In January 2021, 224 retired judges, civil servants, diplomats, armed forces veterans wrote a letter to the CM in support of the UP law against 'unlawful conversion'.[49]

"The Uttar Pradesh Prohibition of Unlawful Conversion of Religion Ordinance, 2020 applies to everyone belonging to any religion, provides for the regulation of conversion through prescribed declaration and giving notice to authorities for ruling out unlawful conversions based on misrepresentation, force, undue influence, coercion, allurement, fraudulent means, marriages etc. It rightly provides that the marriages done for sole purpose of unlawful conversion can be declared void by the family courts on a petition by any of the two parties in a marriage"

Notes

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  1. ^ In 2007 "the Himachal Pradesh High Court struck down section 4 of the Act and Rules 3 and 5 of the Himachal Pradesh Freedom of Religion Rules 2007, which implement the Act."[11]
  2. ^ As of November 2020, 'Love jihad' is a term not recognized by the Indian legal system.[18]

References

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  1. ^ a b "What UP govt's new anti-conversion law says, and origin of 'love jihad'". ThePrint. 2020-11-26. Retrieved 2020-11-26. Most media reports have referred to it as an ordinance against 'love jihad' [...]
  2. ^ Perrigo, Billy (25 November 2020). "India's Biggest State Passes Law Based on Anti-Muslim Conspiracy Theory". Time. Retrieved 2020-11-26.
  3. ^ "Jail term, fine for 'illegal' conversions in Uttar Pradesh". The Hindu. 2020-11-24. ISSN 0971-751X. Retrieved 2020-11-25.
  4. ^ "UP Governor Anandiben Patel gives assent to ordinance on 'unlawful conversion'". mint. 2020-11-28. Retrieved 2020-12-01.
  5. ^ a b c d "Jail term, fine for 'illegal' conversions in Uttar Pradesh". The Hindu. 2020-11-24. ISSN 0971-751X. Retrieved 2020-11-26.
  6. ^ Lalchandani, Neha (25 November 2020). "Religious conversions bill: UP cabinet passes ordinance to check 'unlawful' religious conversions". The Times of India. Retrieved 2020-11-25.
  7. ^ a b Srivastava, Prashant (2020-11-22). "Draft UP law on 'love jihad' proposes 5-yr jail, marriage annulment for 'forced conversion'". ThePrint. Retrieved 2020-11-25.
  8. ^ a b "Mission Shakti — UP: 400 cases of crimes against women, children on priority list". The Indian Express. 2020-10-21. Retrieved 2020-12-01.
  9. ^ a b "Uttar Pradesh: Yogi Adityanath launches Mission Shakti for security of women in the state". The Financial Express. 2020-10-17. Retrieved 2020-12-01.
  10. ^ "UP govt passes stricter 'love jihad' law, includes life term". The Times of India. 2024-07-30. ISSN 0971-8257. Retrieved 2024-07-30.
  11. ^ a b Ahmad & Kumar 2018, p. 4–18.
  12. ^ a b c Tanna, Kartikeya (2020-11-23). "'Love jihad' laws: Announcements by BJP state govts raise political storm; myths, half-truths add fuel to fire". Firstpost. Retrieved 2020-11-25.
  13. ^ "Smt. Noor Jahan Begum ... vs State Of U.P. & 4 Others on 16 December, 2014". indiankanoon.org. Retrieved 25 November 2020.
  14. ^ a b "State Government in India's Uttar Pradesh Proposes Anti-Conversion Law". Persecution. International Christian Concern. 2019-11-23. Retrieved 2020-11-26.
  15. ^ Ahmad & Kumar 2018, p. 21.
  16. ^ a b Seth, Maulshree (2020-11-25). "UP clears 'love jihad' law: 10-year jail, cancelling marriage if for conversion". The Indian Express. Retrieved 2020-11-25.
  17. ^ [DRAFT BILL] The Uttar Pradesh Freedom of Religion Act, 2019.
  18. ^ "Adityanath Cabinet Approves Ordinance Against 'Love Jihad'". The Wire. 24 November 2020. Retrieved 25 November 2020.
  19. ^ "UP CM to Make 'Love Jihad' Law, Warns of 'Ram Naam Satya' Journey". TheQuint. 2020-10-30. Retrieved 2020-11-25.
  20. ^ Bajpai, Namita (31 October 2020). "'Your Ram Naam Satya journey will begin': CM Yogi's warning on 'love jihad', conversations". The New Indian Express. Retrieved 2020-12-01.
  21. ^ Gaur, Vatsala; Sharma, Aman (24 November 2020). "UP clears ordinance to 'stop love jihad'; provision for 1-5 year jail". The Economic Times. Retrieved 2020-11-25.
  22. ^ a b Srivastava, Prashant (2020-11-24). "Yogi govt approves 'love jihad' ordinance with 3-10 years of jail term, Rs 50,000 penalty". ThePrint. Retrieved 2020-11-25.
  23. ^ Rehman, Asad (2020-11-25). "Allahabad HC says previous orders on interfaith marriages not 'good law'". The Indian Express. Retrieved 2020-11-25.
  24. ^ a b "'Not good in law': Allahabad HC overrides order that held conversion just for marriage unacceptable". Scroll.in. 23 November 2020. Retrieved 2020-11-25.
  25. ^ Upadhyay, Sparsh (2020-11-23). "'Right To Choose A Partner Of Choice A Fundamental Right': Allahabad High Court Says The Judgments Which Held 'Conversion For The Purpose Of Marriage Only' Not Good Law". www.livelaw.in. Retrieved 2020-12-01.
  26. ^ Uttar Pradesh Prohibition of Unlawful Religious Conversion Ordinance, 2020.
  27. ^ Roy, Debayan (29 November 2020). "Uttar Pradesh ordinance on Religious Conversion explained". Bar and Bench - Indian Legal news. Retrieved 2020-12-01.
  28. ^ "Muslim teenager in UP arrested under love jihad law for walking with a hindu friend". The wire. Retrieved December 26, 2020.
  29. ^ Singh, Kanwardeep (30 November 2020). "Uttar Pradesh files first case within hours of getting anti-conversion law". The Times of India. Retrieved 2020-12-01.
  30. ^ Abhishek, Kumar (29 November 2020). "First case under religious conversion law registered in UP's Bareilly". India Today. Retrieved 2020-12-01.
  31. ^ a b Raju, S (13 December 2020). "Woman detained under UP's new law against love jihad suffers miscarriage". Hindustan Times. Retrieved December 16, 2020.
  32. ^ Singh, Kanwardeep (19 December 2020). "Love Jihad: no evidence, court allows release of man; ultrasound confirms wife miscarried". Times of India. Retrieved December 20, 2020.
  33. ^ a b c Bhardwaj, Ananya (26 December 2020). ""We operate freely now": How hindu groups are driving UP's crackdown on love jihad". The Print. Retrieved December 27, 2020.
  34. ^ "UP: Despite consensual marriage, muslim man arrested under new 'love jihad law'". The Wire. 7 December 2020. Retrieved 2020-12-07.
  35. ^ a b c d Mishra, Abhishek (29 December 2020). "1 month of love jihad law in UP: 51 arrests made, 14 cases lodged, only 2 complaints from victims". India Today. Retrieved January 9, 2021.
  36. ^ "1 month of UP 'love jihad' law: 14 cases, 49 in jail, woman 'victim' complainant in only two". Indianexpress. 9 January 2021. Retrieved 18 August 2022.
  37. ^ "About 35 arrests, dozen FIRs as UP 'love jihad' law completes one month". Deccan Chronicle. 26 December 2020. Retrieved 18 August 2022.
  38. ^ "Love jihad: UP police stop muslim couple's wedding based on rumours, groom allegedly beaten up". The Scroll. 11 December 2020. Retrieved December 21, 2020.
  39. ^ "Fearing love jihad allegations, interfaith couple flees UP; seek protection in delhi". The Wire. 21 December 2020. Retrieved December 21, 2020.
  40. ^ Mishra, Avaneesh (8 January 2021). "Firozabad: woman denies love jihad charge, mob chases man's family members". Indian Express. Retrieved January 9, 2021.
  41. ^ "UP's 'love jihad law' partisan towards muslim women? Police refuses to take cognisance of cases involving them". National Herald. 10 December 2020. Retrieved January 9, 2021.
  42. ^ Upadhyay, Sparsh (2022-09-21). "UP Court Sentences Man To Five Years In Jail In First Conviction Under UP 'Anti Love Jihad' Law". www.livelaw.in. Retrieved 2024-04-06.
  43. ^ Pandey,DHNS, Sanjay. "Muslim youth sentenced to 5 years' imprisonment in first conviction under UP 'Love Jihad' law". Deccan Herald. Retrieved 2024-04-06.
  44. ^ "UP love jihad law must be struck down immediately: Justice A. P. Shah". NDTV. Retrieved January 2, 2021.
  45. ^ "UP's anti-love jihad law has many defects, cannot be sustained, says ex-SC judge Madan Lokur". The Scroll. Retrieved January 9, 2021.
  46. ^ "UP's anti-conversion law attacks muslims, infantilises women and curbs dalit rights". Scroll. Retrieved January 2, 2021.
  47. ^ "Love Jihad: A present day variant of the anti-miscegenation laws". Live law. Retrieved January 2, 2021.
  48. ^ "104 ex bureaucrats write to Yogi Adityanadh; UP is now epicentre of politics of hate, bigotry". Indian Express. 30 December 2020. Retrieved January 2, 2021.
  49. ^ "Over 200 retired judges, civil servants, diplomats, armed forces veterans support UP law against 'unlawful conversion'". ANI. 4 January 2021.

Sources

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  • Ahmad, Tariq; Kumar, Supreetha (October 2018). State Anti-conversion Laws in India (PDF) (Report) (Updated ed.). Library of Congress. The Law Library of Congress, Global Legal Research Center. (published 2017). Archived from the original (PDF) on 17 October 2020. Retrieved 27 November 2020.

Further reading

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Retrieved from "https://en.wikipedia.org/w/index.php?title=Prohibition_of_Unlawful_Religious_Conversion_Ordinance,_2020&oldid=1242642610"