The old law preventing the so-called 'love jihad' in Uttar Pradesh has been made even stricter. The new law includes provisions for life imprisonment. Penalties have been doubled.
The 'Prohibition of Unlawful Conversion of Religion (Amendment) Bill 2024' has also been passed in the assembly.
According to the proposed bill, if anyone attempts or succeeds in converting a woman, minor, or any person by force, coercion, or deception through marriage or promise of marriage, it will be considered a severe crime.
Why the new law despite the old one?
There has been a law against forced religious conversion in UP since 2020. However, the government has now introduced a new bill, amending the current law.
The government states that the current law is inadequate to prevent the conversion of SC-ST, women, minors, and specially-abled people, as well as mass conversions.
The UP government amended the anti-conversion law recently, following observations from the Allahabad High Court. The court had remarked that large numbers of SC-ST and economically weak people in several parts of the state were being converted to Christianity.
The High Court had warned that if such conversions were not stopped, the majority population could one day become a minority.
What changes now?
The proposed bill expands the scope of who can file an FIR. Previously, only blood relatives of the victim, such as parents or siblings, could file a complaint. But now, 'any person' can report forced conversions.
The new bill states that anyone found guilty of coercing or threatening someone with the intent to convert them, making false marriage promises, trafficking minors, women, or individuals, or attacking their property, will face a minimum of 20 years in jail, extendable to life imprisonment.
Moreover, the new bill includes penalties for religious conversions funded by foreign entities. If a person is found guilty of receiving funds from illegal or foreign sources for unlawful conversions, they could face 7 to 14 years in prison and fines up to 1 million rupees.
How have the punishments changed?
1. In cases of conversion:
- Previously:
1 to 5 years in jail and a fine of 15,000 rupees.
- Now:
3 to 10 years in jail and a fine increased to 50,000 rupees.
2. In cases involving women, SC-ST:
- Previously:
2 to 10 years in jail and a fine of 20,000 rupees.
- Now:
It includes physical and mental abuse. 5 to 14 years in jail and a fine of 100,000 rupees.
3. In cases of mass conversion:
- Previously:
3 to 10 years in jail and a 50,000 rupee fine.
- Now:
7 to 14 years in jail and a fine of 100,000 rupees.
What about alleged love jihad?
Previously, marriage and subsequent conversion by coercion or deception had a penalty of up to 10 years in jail. Now, anyone who coerces, threatens, or deceives a woman into converting by falsely promising marriage will face a minimum of 20 years in jail, extendable to life imprisonment.
Strict Bail Conditions
The proposed bill states that fines will be utilized for the victim's medical treatment and rehabilitation. Furthermore, courts can impose an additional fine of up to 500,000 rupees as compensation for the victim.
Bail conditions have also been toughened. The new bill adds conditions similar to those in anti-money laundering and UAPA laws.
If the bill becomes law, the accused will need to satisfy two conditions for bail: the government prosecutor must be given a chance to oppose bail, and the court must be convinced that the accused is not guilty and will not commit any offenses while out on bail.
What’s next?
The assembly has passed the bill, but since Uttar Pradesh has a Legislative Council, it needs to pass there as well. After that, it requires the Governor's approval to become law.
