UP Assembly passes bill to amend anti-conversion law, punishment enhanced to life term

Lucknow: The Uttar Pradesh Assembly on Tuesday passed a bill to amend the Prohibition of Unlawful Conversion of Religion Act-2021, making the law stricter by providing for a maximum punishment of life imprisonment.

Earlier the maximum punishment provided for those found guilty of marrying a woman by deceiving her and illegally converting her religion was 10 years with a fine of Rs 50,000.

Parliamentary Affairs Minister Suresh Khanna introduced the Uttar Pradesh Prohibition of Unlawful Conversion of Religion (Amendment) Bill, 2024 in the House on Monday.

He said that in the amendment bill it has been proposed that if a person threatens, attacks, marries or promises to marry or conspires for it, or trafficks a woman, minor or anyone with the intention of conversion, then his crime will be placed in the most serious category.

In such cases, there is a provision of up to 20 years imprisonment or life imprisonment, he said reading out the bill.

Meanwhile, Samajwadi Party chief Akhilesh Yadav slammed the state government over the bill, accusing it of trying to divert people's attention through communal politics.

“What else do they have, they are not doing anything new,” he told reporters outside Parliament when asked about the bill.

They are trying to divert attention of the people through communal politics, the former UP chief minister charged.

Azad Samaj Party (Kanshi Ram) MP Chandrashekhar also accused the state government of trying to distract people’s attention from main issues. “Government is not able to fulfil the basic needs of people...but they are totally focused on such issues because it suits them,” he said.

Parliamentary Affairs Minister Khanna said that under the amended provisions, now any person can register an FIR in conversion cases. Earlier, to give information or complaint about the case, the presence of the victim, her parents, or siblings was necessary, he said.

It has been proposed that such cases will not be heard by any court below the sessions court and along with this, the bail plea will not be considered without giving an opportunity to the public prosecutor. Also, all the crimes under the amended Act have been made non-bailable, Khanna said.

Now, a provision has been made for a fine which will be "fair and reasonable" to meet the medical expenses of the victim and for his/her rehabilitation.

Khanna said that after the amendment, the court can also approve the appropriate compensation payable by the accused to the victim of the religious conversion, which can be up to a maximum of Rs 5 lakh, and it will be in addition to the fine.

It has also been provided that whoever receives money from any foreign or illegal institutions for illegal religious conversion, will be punished with rigorous imprisonment for a period which will not be less than seven years and can be up to a maximum of 14 years. A provision of a fine of Rs 10 lakh has also been made in illegal funding cases, Khanna said.

The minister also said that there is no controversy over the bill.

Earlier, the opposition SP and Congress proposed to refer the amendment bill to the Select Committee. However, the proposal was rejected.

Congress Legislature Party (CLP) leader Aradhana Mishra Mona said the bill should be referred to the select committee for consideration.

"The strict punishment should be there for the forcible conversion, which is against our culture also. But we should be sensitive to it. There are some conversions, which are voluntary and the Constitution gives one right to life and liberty," she said.

She suggested forming a commission or jury, which has members of all ages and sections to consider such cases stating that it was not a political but a social issue.

Leader of Opposition Mata Prasad Pandey expressed apprehensions that fake cases will rise and suggested adding a clause in which if the accused person is released, FIR should be lodged against the policemen who lodged the (false) FIR.

He said in such cases a provision of minimum of one year punishment should be there for the policemen that would deter lodging false cases in such matters.

Chief Minister Yogi Adityanath had taken this initiative with the intention of curbing 'love jihad', a term coined by some Hindu outfits for alleged forcible conversion.

An ordinance was issued for curbing forced conversion in November 2020 and later, after the bill was passed by both the houses of the Uttar Pradesh Legislature, the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act-2021 came into force.