Longer jail sentences, UP as template: All about Uttarakhand’s Bill against forced religious conversion

It comes amid the government alleging an increase in religious conversions, primarily focusing on women. The BJP has frequently invoked the term “love jihad” to accuse those in interfaith relationships. Couples getting married under the Special Marriages Act of 1954 have also faced flak and threats from right-wing groups in the state, recently. The law is often preferred by people from different religions, who do not want to rely on any one faith’s personal laws for registering their marriage. Here is what to know.

What are the major changes under the amendment?

First, the Bill expands the definition of what constitutes conversion. According to officials, a new clause adds that no person shall “incite or conspire for such religious conversion by any means, including digital means”. This refers to e-mail and even instant messaging, which could create communities of people who share interests and activities that could provide “modes to influence users”.

According to a government communication, “digital means” also includes social networking websites that allow individuals to construct a public or semi-public profile and to create a list of users with mutual connections.

Other amendments define certain offences, such as depicting the practices or ceremonies of any religion in a derogatory manner in comparison to another religion. Acts of glorifying one religion in opposition to another can also be penalised. However, the provision’s vagueness raises questions of how criticism of religious practices or institutions could be unfairly targeted.

The definition of “victim” has also been expanded to include anyone who has suffered any harm or injury due to the offence, extending to a person’s guardian and legal heir.

Another addition is that if a person “conceals” their religion with the intention of marriage, they can face three to 10 years in prison and a fine of Rs 3 lakh. Moreover, if property is acquired through an offence related to conversion, the District Magistrate can seize it. The burden of proof lies on the accused. This is a reversal of normal procedure in a criminal case, where the prosecution must prove the defendant’s guilt beyond a reasonable doubt.

Punishments have also been made more severe for many offences:

*The Uttarakhand Freedom of Religion Act, 2018, stipulated a prison term of up to five years for anyone convicted of “forced or fraudulent” religious conversion through coercion, incitement, or allurement.

A 2022 amendment to the Act stated that such conversion was to be punished with a term not less than two years and may extend to seven years with a fine not less than Rs 25,000. If the “forcibly” converted person was a minor, a woman, or a person belonging to the Scheduled Caste or the Scheduled Tribe, they shall be punished with imprisonment for a term between two to 10 years and also be liable to a minimum Rs 25,000 fine.

Under the 2025 amendment, fraudulent conversion will attract between three to 10 years in jail and a minimum fine of Rs 50,000. If the victim is a minor, woman, SC/ST individual, or a person with disability, the punishment will be five to 14 years in jail and a fine of at least Rs 1 lakh.

*The 2018 Act defined “mass conversion” as where two or more people are converted. The 2022 amendment said the accused shall be punished with a minimum of three years of imprisonment, which could extend to 10 years, along with a fine of at least Rs 50,000. Now, the prison term will be raised to seven to 14 years, with a minimum fine of Rs 1 lakh.

Further, two new offences had only been mentioned in the 2018 Act. One of them prevented anyone violating the law from seeking funds from abroad. Under the new amendment, if the offence involves foreign or banned funding, the accused will face seven to 14 years of rigorous imprisonment and a fine of at least Rs 10 lakh.

In cases where the accused uses threats, assault, trafficking, or marriage as a “ploy” for conversion, the punishment will be 20 years to life imprisonment, along with a fine meant to cover the victim’s medical costs and rehabilitation.

What were the amendments in 2022?

In 2022, a slew of new provisions expanded the definitions and increased the punishment. Apart from a maximum imprisonment of up to 10 years, the amendment also expanded the ambit of those who can be deemed complainants. Any aggrieved person, their parents, brother, sister, or anyone related to them by blood, marriage or adoption could lodge an FIR.

One of the most contentious provisions was the declaration to be submitted by a converted person to the DM office within 60 days of the conversion, with their details. This included date of birth, current address, father’s/husband’s name, their religion before and after conversion, the date and place of conversion, and more.

It was to be displayed publicly for objections, and after 21 days, the DM was to summon the person for confirmation of the details and register the objections received. Non-adherence will lead to the conversion being deemed illegal and void.

The 2022 amendment had made all the offences under this Act cognizable — for which police can arrest someone without a warrant — and non-bailable — where bail is not automatically guaranteed.

How is it similar to the UP Amendment of 2024?

In UP, for unlawful conversions involving a minor, a woman, or an SC/ST individual, the prison term was raised from two to 10 years to five to 14 years, the same as the Uttarakhand proposal. The minimum fine has also been raised to Rs 1 lakh.

Other commonalities include the section on “foreign” funds or funds from “illegal institutions” for unlawful conversion, and crimes (including trafficking) having a minimum 20 years imprisonment extending to life imprisonment. The UP Amendment, however, gave the right to file a complaint to anyone, including third-parties. This, at least for now, is absent in the Uttarakhand Bill.

Where it stands amid earlier laws in the state

In a state with around 14 per cent Muslim population, similar to the all-India level, the BJP has been levelling allegations of demographic change and the entry of people from adjoining regions in UP. The BJP government has raised this as a political issue and introduced several policies in response.

The amendment comes on the heels of a crackdown on “illegal” madrasas, which were allegedly not registered with the state Madrasa Board or the education department. Earlier this year, Uttarakhand became the first state to implement a Uniform Civil Code, which is currently being challenged in the High Court. The government has also amended the land laws to curb “outsiders” from purchasing agricultural land in non-municipal areas.