The Allahabad High Court recently denied bail to Azeem, who faces charges under the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021, among other criminal charges. The court emphasized that the primary purpose of this Act is to uphold religious freedom and promote social harmony, reflecting the spirit of secularism in India. Justice Rohit Ranjan Agarwal, who was handling the case, observed that while the Constitution guarantees the right to profess, practice, and propagate one’s religion, this does not translate into a collective right to convert others. The court noted that the right to religious freedom must be respected both for the person converting and the individual being converted.
Azeem’s case involved allegations of blackmail, sexual exploitation, and forced conversion. The complainant accused him of pressuring her to accept Islam, eat non-vegetarian food, and wear traditional Muslim attire. Azeem has been in jail since June of the previous year and argued that the complainant had voluntarily left his home and falsely implicated him. He also pointed out that the complainant admitted to marrying him.
The government opposed Azeem’s bail application, asserting that the complainant was coerced into conversion, which was a violation of the Act. The court ultimately rejected the bail application, citing violations of the Act's provisions and stating that the Act’s goal is to ensure religious freedom while maintaining secularism.
Amendments to the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021:
The Uttar Pradesh state assembly recently amended the 2021 Act to address concerns about religious conversions, particularly involving minors, people with disabilities, women, and members of Scheduled Castes (SC) and Scheduled Tribes (ST). The amendments were introduced by the BJP government to strengthen the Act’s provisions and address perceived inadequacies in preventing unlawful conversions and mass conversions.
One significant change is related to the difficulties arising from Section 4 of the original Act, which allowed any aggrieved person or their close relatives to file a police complaint about unlawful conversions. The High Court had previously clarified that the term “any aggrieved person” is limited to the specified categories like parents or siblings. The recent amendment aims to clarify and address these legal uncertainties, ensuring that the Act's enforcement is more effective.
In summary, the recent court ruling and legislative amendments reflect ongoing efforts to regulate and monitor religious conversions in Uttar Pradesh, balancing concerns about individual rights with the state's goal of preserving religious harmony and secularism.
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