UP Anti-Conversion Act Ensures Religious Freedom For All: Allahabad High Court

The Allahabad High Court has observed that the purpose of the UP Prohibition of Unlawful Conversion of Religion Act, 2021 is to guarantee religious freedom to all persons and sustain the spirit of secularism in India.

In an order passed on Friday, while rejecting the bail of one Ajeem, Justice Rohit Ranjan Agarwal said that though the Constitution guarantees each person the right to profess, practise, and propagate their religion, this individual right does not translate into a collective right to proselytise, as religious freedom equally belongs to both the person converting and the individual being converted.

Ajeem was booked under sections 323/504/506 of the IPC and section 3/5(1) UP Prohibition of Unlawful Conversion of Religion Act, 2021 in Badaun district after being accused of forcing a woman to accept Islam and sexually exploiting her.

He applied for bail before the high court claiming that he was falsely implicated in the case, asserting that the woman was in a relationship with him and had left her home on her own.

He also claimed that she had earlier confirmed their marriage in statements recorded under sections 161 and 164 criminal procedure code (CrPC) in a related case.

The state counsel opposed Ajeem's bail citing the woman's statement, according to which, she was forced to convert to Islam.

The court held that the complainant was forced to convert by the man and his family and was also forced to witness an animal sacrifice on Bakrid and cook and eat meat.

The court noted that she was held captive by the man and was forced by his family members to perform certain Islamic rituals, which was unacceptable to her.

The court also observed that Ajeem could not bring on record any material that demonstrates that an application was moved under Section 8 of the 2021 Act, required to convert the woman to Islam before the marriage/nikah took place.

Section 8 of the UP Prohibition of Unlawful Conversion of Religion Act, 2021 deals with the requirement of a declaration before conversion of religion.

Making these observations, the court in its order dated August 9 rejected the bail of the applicant, while also noting that there is a prima facie contravention of sections 3 and 8 of the Act.

Section 3 of the Act prohibits conversion from one religion to another religion by misrepresentation, force, fraud, undue influence, coercion or allurement.

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