New anti-conversion law: UP passes 'stricter' legislation against 'love jihad' - all you need to know

Jail term of between 20 years and life imprisonment for carrying out 'unlawful religious conversions'

The Uttar Pradesh Assembly has passed the Prohibition of Unlawful Conversion of Religion (Amendment) Bill, 2024, enhancing the penalties for unlawful religious conversions in the state.

Among other stricter rules, it provides for an increase in maximum punishment to life imprisonment, hefty fines of up to Rs 10 lakh and makes bail more difficult.

Eight other states - Himachal Pradesh, Odisha, Madhya Pradesh, Arunachal Pradesh, Chhattisgarh, Gujarat and Jharkhand - have similar laws in place.

In 2021, the state Assembly passed the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021 which prohibits religious conversion through “unlawful” means.

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

Who does this stricter law aim to protect?

According to Indian Express, the Bill is aimed to protect certain groups of people, including minors, people with disabilities, women, and persons belonging to Scheduled Caste (SC) and Scheduled Tribe (ST) communities.

As quoted by the Indian Express report, the Bill’s statement of object says existing penal provisions under the Act “are not sufficient to prevent and control religious conversion and mass conversion” of persons belonging to these groups.

Key provisions

A fine of Rs 10 lakh and jail term up to 14 years will be imposed if an individual is found to be associated with “foreign” or “illegal” services.

Jail term of between 20 years and life imprisonment for carrying out “unlawful religious conversions” by luring or provoking a person.

Convicted individuals would also have to pay compensation to those subjected to illegal conversion.

All crimes under the amended law are “non-bailable”. Also, these cases cannot be heard by any court below a sessions court. No bail please will be considered without hearing the public prosecutor.

Then vs now

Under Section 5, the punishment for violating Section 3 escalates depending on the nature of the offence. This includes:

•1-5 years of jail and a fine of at least Rs. 15,000 for the base offence

•2-10 years jail term and a fine of at least Rs. 20,000 if the victim is a minor, woman, or a person belonging to an SC or ST community

•3-10 years and a fine of at least Rs. 50,000 for mass conversion

Now, the Bill proposes to enhance these punishments in the following way:

•3-10 years jail term and a fine of at least Rs 50,000 for the base offence

•5-14 years imprisonment and a fine of at least Rs. 1,00,000 if the victim is a minor, a woman, from an SC or ST community, has a physical disability, or has a mental illness.

•7-14 years jail term and a fine of at least Rs. 1,00,000 for mass conversion

What does the apex court say?

A Times of India report quoted the Supreme Court as saying that the anti-conversion laws are constitutional till they don’t impact an individual’s right to freedom of religion.

Impact of UP Bill

Other BJP-ruled states such as Uttarakhand, Gujarat, and Madhya Pradesh have already enacted similar anti-conversion laws. With the Bill being adopted by the Uttar Pradesh Assembly, other states with similar anti-conversion laws could introduce similar amendments to strengthen their application.

According to a report by the Indian Express, the NGO Citizens for Justice and Peace (CJP) and the Jamiat-Ulama-i-Hind are among those who have challenged various anti-conversion laws (including the UP Anti-Conversion Act) at the Supreme Court.