UP Unlawful Conversion Law Amendment 2024: Key Changes and Supreme Court Review

Supreme Court seeks UP government's reply on the 2024 amendment to the Unlawful Conversion Law. The Bill broadens FIR filing rights and enforces stricter bail conditions for alleged offenders to protect vulnerable groups from forced conversions.

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Context

  • Recently the Supreme Court has sought the Uttar Pradesh government response on certain provisions of 2024 amended UP law on Conversion.

About the Law

  • Aim: To protect certain groups of people, including minors, people with disabilities, women, and persons belonging to Scheduled Caste (SC) and Scheduled Tribe (ST) communities. 
  • Need: Existing penal provisions under the Act “are not sufficient to prevent and control religious conversion and mass conversion” of persons belonging to the above mentioned groups.
  • Significance: The Bill will “resolve certain difficulties that have arisen in the past in various cases regarding legal matters under Section 4 of the Act.

About Changes the Bill brings in

  • Following changes have been proposed in the UP Prohibition of Unlawful Conversion of Religion (Amendment) Bill, 2024.

‘Any Aggrieved Person’ is now ‘Any Person’

  • The Bill revised provision states that “any person” can file an FIR related to violation of the Act in the manner provided under the new law governing criminal procedure, the Bharatiya Nagarisk Suraksha Sanhita, 2023 (BNSS).
  • Need to Bring Change: In 2023, the Allahabad High Court held that the phrase “Any aggrieved person” does not mean that anyone can file an FIR for unlawful conversion. 
  • Jose Papachen vs. State of Uttar Pradesh, September 2023: The Court held that “any aggrieved person” can only refer to someone who is “personally aggrieved by his or her fraudulent conversion”

Strict Bail Conditions

  • For those accused under Section 3, the Bill proposes to introduce stringent bail conditions that are akin to the bail conditions under the Prevention of Money Laundering Act, 2002, and the Unlawful Activities (Prevention) Act, 1967.
  • Newly Proposed Section 7: Under this Section, an accused cannot be released on bail unless following two conditions have been met. 
  • The public prosecutor (the advocate representing the state government prosecuting the crime) must be given the opportunity to oppose the bail application. 
  • The court must be satisfied that there are “reasonable grounds for believing that he is not guilty of such an offence and that no offence can be committed by him while on bail”.


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