In a significant move, the Uttar Pradesh government, led by Chief Minister Yogi Adityanath, is taking decisive steps to amend the existing legislation related to 'love jihad.' The administration has tabled the Uttar Pradesh Unlawful Religious Conversion Prohibition Bill 2024 in the state assembly. This new bill is groundbreaking as it proposes lifetime imprisonment for anyone convicted under its terms. Additionally, it targets the financial aspects of unlawful conversions by making funding for such activities a criminal offense.

The earlier law, known as the Uttar Pradesh's Prohibition of Unlawful Conversion of Religion Act, 2021, already set severe penalties for unauthorized religious conversions. This act outlined imprisonment from one to ten years for different offenses related to religious conversions under dubious circumstances. Specifically, any conversion done solely for the purpose of marriage was declared invalid, and conversions executed through deceptive means were categorized as criminal acts.

Moreover, the 2021 Act mandated that anyone wishing to convert voluntarily must first notify the district magistrate two months in advance, using a prescribed form. The penalties under the previous law were substantial; for example, forced or fraudulent conversions could lead to imprisonment from one to five years and a fine of Rs 15,000. In cases involving minors, women, or members of Scheduled Castes and Scheduled Tribes, the consequences were even more severe, with potential imprisonment of three to ten years and a fine of Rs 25,000.

Under the existing framework, non-compliance with the notification requirement before conversion could result in a six-month to three-year prison term and at least Rs 10,000 in fines.

The topic of love jihad and religious conversion has consistently ignited controversy, not only in Uttar Pradesh but across several states governed by the BJP. This proposed bill marks a crucial phase in the Yogi administration's efforts to regulate religious conversions, reflecting a stringent stance on what it perceives as coercive or misleading religious practices.

The Uttar Pradesh Prohibition of Unlawful Religious Conversion Law, 2020

The Uttar Pradesh Vidhi Virudh Dharma Samparivartan Pratishedh Adhyadesh, 2020, commonly known as the Uttar Pradesh Prohibition of Unlawful Religious Conversion Law, 2020, is designed to sternly address the issue of unauthorized religious conversions. Its primary objective is "To provide for the prohibition of unlawful conversion from one religion to another by misinterpretation, force, undue influence, coercion, allurement or by any fraudulent means or by marriage."

To fully understand the scope and implications of this law, it's essential to delve into the specific definitions it utilizes:

• Allurement: This term is defined broadly to include any temptation offered in the form of gifts, gratification, promises of easy money or material benefits, employment opportunities, free education in prestigious schools run by religious bodies, promises of a better lifestyle, and warnings of divine displeasure.

• Coercion: Coercion involves compelling an individual to act against their will through psychological pressure or physical force, which may result in bodily injury or threats.

• Conversion: Defined as the act of renouncing one's religion to adopt another religion.

• Force: This involves threatening an individual in any manner.

• Fraudulent means: Includes any form of impersonation—using a false name, religion, or surname.

• Mass conversion: Refers to the conversion of two or more individuals simultaneously.

• Minor: Legally defined as a person below the age of 18 years.

• Religion: Encompasses any organized form of worship, pattern of faith, belief, or lifestyle that prevails in any part of India and is recognized under any current law or customary practice.

• Religion convertor: Refers to any individual belonging to any religion who facilitates or conducts the act of conversion from one religion to another, such as a Father, Maulvi, Karmkandi, etc.

• Undue influence: This involves the unethical use of power or influence by one individual over another, persuading them to act in a way that suits the influencer's desires.

• Unlawful conversion: Defined as any conversion that does not comply with the established laws of the land.

4- Prohibition of Conversion from one religion to another: This law strictly prohibits any person from converting or attempting to convert another person from their religion to another through misinterpretation, force, undue influence, allurement, marriage, or any fraudulent means. Additionally, no one is permitted to abet, convince, or conspire in such conversions. It is important to note that reconversion to one's immediate previous religion is not considered a conversion under this law.

5- First Information Report: Under this statute, any aggrieved person, as well as individuals related to them by blood, marriage, or adoption, are entitled to lodge a First Information Report (FIR) against any act of unlawful conversion.

6- Punishment: The law delineates severe punishments for those found guilty of contravening its provisions:

• Imprisonment: Individuals who unlawfully convert others will face a minimum of one year of imprisonment, which could extend up to five years. For offenses involving minors, women, or members of SC or ST communities, the imprisonment ranges from a minimum of two years to a potential ten years. For mass conversions, the penalty is a minimum of three years, extendable up to ten years.
• Fine: The fines imposed are substantial, starting at Rs. 15,000 for general contraventions, Rs. 25,000 for cases involving vulnerable groups such as minors or women from SC or ST tribes, and Rs. 50,000 for mass conversions.
• Compensation to the victim: Beyond the standard fines, the law also mandates that the accused must pay compensation to the victim, which can be as high as Rs. 5 lakh, depending on the severity and specifics of the case.
• Offence by institutions or organizations: If an institution or organization is found violating these laws, the head of such entities will face the prescribed imprisonment, and the registration of the organization will be canceled. Furthermore, no financial aid or grants will be provided to the organization by the State Government.

7- Marriage for the sole purpose of unlawful conversion or vice-versa: The law states that any marriage that is conducted solely for the purpose of unlawful conversion, or a conversion solely for the purpose of marriage, will be declared void by the court.

8- Cognizable and non-bailable offences: All offenses under this law are classified as cognizable and non-bailable, highlighting the severity with which they are to be treated. These cases are triable exclusively by the Court of Sessions, as per the provisions that override anything mentioned in the Code of Criminal Procedure, 1973.

9- Declaration and Pre-report:

• i) Under the law, any person desiring to convert to a different religion must submit a declaration (as outlined in Schedule-I) at least sixty days before the intended conversion, affirming that the decision is made freely and without any force, coercion, undue influence, or allurement.

• ii) Similarly, the religious convertor involved must submit a notification (as specified in Schedule-II) about the impending conversion at least one month in advance. Both the declaration by the person wishing to convert and the notification by the religious convertor must be submitted to the District Magistrate or Additional District Magistrate.

Upon receipt of these documents, the District Magistrate or Additional District Magistrate will initiate an inquiry to determine the real intention, purpose, and cause behind the proposed conversion. If it is found that the conversion is in contradiction with the law, such conversion will be deemed illegal and void.

• iii) Penalties are specified for failing to adhere to these provisions: anyone contravening the requirements of subsection (i) faces a minimum jail term of six months, which may be extended up to three years, and a fine of not less than Rs. 10,000. For those contravening subsection (ii), the penalty increases to a minimum jail term of six months, extendable to three years, with a minimum fine of Rs. 25,000.

10- Declaration Post Conversion:

• i) Post-conversion, the individual who has converted must send a declaration (as prescribed in Schedule-III) to the District Magistrate of the district where they reside within sixty days following their conversion.

• ii) Moreover, within 21 days of submitting this declaration, the converted person must personally appear before the District Magistrate to verify their identity and confirm the details of the declaration.

11- Parties to Offence:

The law specifies that in the case of an offence under this legislation, several parties can be held accountable:

• (a) The individual who actually commits the crime.
• (b) Anyone who performs or omits an act that enables or aids another person to commit the offence.
• (c) Any person who guides, convinces, or procures another individual to commit the offence.

12- Burden of Proof:

The burden of proof regarding whether a religious conversion was carried out through misrepresentation, force, undue influence, coercion, allurement, fraudulent means, or for the purpose of marriage, rests upon the person who facilitated the conversion. If another individual assisted in the conversion, this responsibility extends to them as well.

Background: Historical Context of Religious Conversion Laws in India

During the British Raj, numerous Indian princely states enacted laws to safeguard their Hindu religious identities against the efforts of British missionaries. These laws were primarily focused on curbing religious conversions. Notable among these states were Kota, Patna, Surguja, Udaipur, and Kalahandi, each passing specific acts aimed at controlling religious shifts.

A. Prior Independence: Several princely states introduced their own legislation to regulate religious conversions before India gained independence. These included:

1. Raigarh State Conversion Act, 1936 — This act was one of the early legislative efforts to regulate religious conversions within the princely state of Raigarh.
2. Surguja State Apostasy Act, 1942 — Introduced in Surguja, this act addressed the renunciation of one's religion, labeling such actions as apostasy.
3. Udaipur State Anti-Conversion Act, 1946 — Passed shortly before India’s independence, this law in Udaipur was specifically designed to combat and penalize unauthorized religious conversions.

B. Post Independence: Following independence, the newly formed Indian states continued to adopt legislation that focused on the freedom of religion while also addressing concerns over forced or deceitful conversions. These acts include:

1. Orissa Freedom of Religion Act, 1967 — One of the first post-independence laws aimed at regulating religious conversions in the state of Orissa.
2. Madhya Pradesh Freedom of Religion Act, 1968 — Introduced a year after Orissa’s legislation, this act set forth similar measures in Madhya Pradesh.
3. Arunachal Pradesh Freedom of Religion Act, 1978 — This later addition aimed at preserving religious freedom in the northeastern state of Arunachal Pradesh.
4. Tamil Nadu Prohibition of Forcible Conversion of Religion Act, 2002 — Focused specifically on prohibiting conversions done through force or coercion in Tamil Nadu.
5. Gujarat Freedom of Religion Act, 2003 — Similar to earlier laws, this act in Gujarat aimed at ensuring freedom of religion and curbing coerced conversions.
6. Himachal Pradesh Freedom of Religion Act, 2006 — A subsequent law with similar objectives, introduced in Himachal Pradesh.
7. Uttarakhand Freedom of Religion Act, 2018 — The most recent addition to such legislation, aiming to maintain religious integrity and freedom in Uttarakhand.

These laws, both pre- and post-independence, illustrate the ongoing efforts within various regions of India to balance the freedom of religion with the need to protect individuals from coercive religious conversions, reflecting a continuity of concerns and legislative approaches from historical times to the present.