Guv nod to ordinance against forcible religious conversions

| | Lucknow
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Guv nod to ordinance against forcible religious conversions

Sunday, 29 November 2020 | PNS | Lucknow

Uttar Pradesh Governor Anandiben Patel on Saturday gave assent to an ordinance against forcible or fraudulent religious conversions that provides for imprisonment up to 10 years and a maximum fine of Rs 50,000 under different categories.

The promulgation of the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Ordinance, 2020, came four days after the Yogi Adityanath government had approved the draft of the ordinance which also curbs religious conversions only for the sake of marriage.

According to the ordinance, a marriage will be declared “null and void” if the conversion of a woman is solely for that purpose and those wishing to change their religion after marriage need to apply to the district magistrate.

It also has a provision under which if someone returns to their original religion, it shall not be deemed a conversion.

The onus to prove that the conversion has not been done forcibly will lie on the person accused of the act and the convert, it said.

In case of contravention of the law, the ordinance says that the court shall grant appropriate compensation payable by the accused to the victim of conversion which may extend to a maximum of Rs 5 lakh in addition to the fine.               

The ordinance says no person shall convert, either directly or indirectly from one religion to another by use or practice of misrepresentation, force, undue influence, coercion, allurement or by any fraudulent means or by marriage nor shall any person abet, convince or conspire such conversion.

An aggrieved person, his/her parents, brother, sister, or any other person who is related to him/her by blood, marriage or adoption may lodge an FIR about such conversion, according to the ordinance.

In cases of mass religious conversions, the registration of the social organisations will be cancelled and strong action will be initiated against them.

If those previously convicted under the ordinance are caught again for the same offence, they shall be subjected to double punishment, it said.                                                      

Notwithstanding anything contained in the Code of Criminal Procedure, 1973, all the offences under this ordinance shall be cognisable and non-bailable and triable by the session’s court, the ordinance says.

In recent weeks, Bharatiya Janata Party-run states like Haryana and Madhya Pradesh have also revealed plans to enact laws to counter alleged attempts to convert Hindu women to Islam in the guise of marriage, which Hindu activists refer to as “love jihad”.

The Uttar Pradesh cabinet’s approval of the ordinance followed the announcement by Yogi Adityanath that his government would come out with a law to deal with “love jihad”.

Addressing by poll rallies in Jaunpur last month, Yogi Adityanath had used the Hindu funeral chant of ‘Ram Naam Satya Hai’ to threaten those who do not respect daughters and sisters.

The Uttar Pradesh Law Commission had submitted a report last year suggesting a new law to check the forcible religious conversions.

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