Uttar Pradesh Assembly Passes 'Love Jihad' Law

• 01 Aug 2024

Why in News?

Recently, The Uttar Pradesh Assembly passed the UP Prohibition of Unlawful Conversion of Religion (Amendment) Bill, 2024, providing for a maximum punishment of life imprisonment to the offenders convicted under certain circumstances.

Key Points

• The law contains stringent provisions with regard to fraudulent or forced conversions.
• It provides for 20 years’ imprisonment or life sentence if it was found that conversion had taken place under threat, promise of marriage or conspiracy. It was placed in the category of most serious crime under the Bill.
  • The bill allows any person to register an First Information Report (FIR) in cases related to religious conversion, not only parents, victims, or siblings.
• These cases would not be heard by any court below the sessions court. Bill has also made the crime non-bailable.
  • Anyone wishing to convert of their own volition for the purpose of marriage must submit an application to the concerned district magistrate two months in advance.

State Anti-Conversion Laws

• Odisha (1967): First State to enact a law restricting religious conversions, prohibiting forceful conversions and fraudulent means.
• Madhya Pradesh (1968): Introduced the Madhya Pradesh Dharma Swatantraya Adhiniyam, requiring notification to the District Magistrate for any conversion activities under penalty of law.
• Arunachal Pradesh (1978), Gujarat (2003), Chhattisgarh (2000 and 2006), Rajasthan (2006 and 2008), Himachal Pradesh (2006 and 2019), Tamil Nadu (2002-2004), Jharkhand (2017), Uttarakhand (2018), Uttar Pradesh (2021), and Haryana (2022).
  • These states have enacted laws prohibiting various forms of religious conversions, with enhanced penalties for conversions involving SCs, STs, minors, and women.
• Centre’s Stand:The Union Ministry of Home Affairs stated in an affidavit to the Supreme Court that the right to religion does not include the right to convert others, especially through fraudulent or coercive means.
  • They referred to the Supreme Court's interpretation of Article 25 and emphasised that fraudulent conversion affects an individual's freedom of conscience and can disrupt public order.
  • The Centre has not clarified if it will introduce a special law on religious conversions as requested in the petition.