The Uttar
Pradesh Prohibition of Unlawful Religious Conversion Ordinance, 2020 has been
issued by the Uttar Pradesh governor anandibhen patel on the recommendations of
UP govt. Intention of the state is to curb the new arose issue in the society
named as ‘love jihad’. The term love jihad not mentioned in any legislation. Jihad is a Islamic term which means the
conversion of religion of spouse through
marriage by concealing own religion or by personating himself as a follower of any particular religion. After the
case of nikita tomar case of Faridabad. Matter of love jihad expressly comes
into lime light in Indian media. However many groups active in UP, RAJASTHAN ND
MP to avoid love jihad prior to nikita tomar case. This ordinance envisage
procedure for conversion which includes the role of district administrators
into it. To check and verify the conversion of religion whether done by willful
consent or not. Ordinance also introduce the meaning of Unlawful conversion.
Unlawful conversion
Unlawful conversion means the conversion against the
law of land [UP]. SECTION 3 of the ordinance puts obligations upon the people
of up state to not convert or abet the conversion of religion of any other
person by personating, misrepresentation, force, undue influence, allurement or
by any fraudulent means. Force include threat of injury[ criminal force under
350 IPC]. ‘fraudulent means’ mean by impersonation or by making false character
or name. undue influence means use of unconscious power over another person. Provided
that person who converts religion to his own prior religion shall not be deemed
as conversion.
Any aggrieved person, his/her brother , sister ,
parents or any person relating to him by adoption or blood, marriage can lodge
first information report to the police. Also can complaint to magistrate under
the circumstances of non lodging of FIR by police.
Punishment under ordinance for unlawful conversion.
1. Any
person who converts other religion
considered as unlawful conversion under section 3 shall be liable to
imprisonment for not less than one year which may extend to 5 years and also
liable to fine which shall not be less than fifteen thousand.
2. In
case of a minor or a women belonging to sc/st, person shall be liable for
imprisonment not less than two years which may extend to ten years or fine
which shall not be less than twenty thousand.
3. In
case of mass conversion, punishment upto ten years or fine of fifty thousand. Mass
conversion under ordinance means conversion of two or more person.
44. Court
also empowers to direct to pay compensation to victim of amount not exceeding
five lakh excluding fine.
Jurisdiction under ordinance.
1. Offence
under ordinance cognizable and non bailable subjected to the provisions of
criminal procedure code. Exclusively triable by court of session.
2. Marriages
done only for the purpose of unlawful conversion shall be liable to void
by family court. Petition for declaring
marriage void required.
Procedure to convert religion lawfully under
ordinance.
Ordinance sought three verification forms which is
essential to fill by the person who converts his/her religion or covertor and
submission before the district magistrate.
1. Person
who wants to converts his/her religion. They have to fill the form no.1 of schedule one stating that the conversion
process is going to done by him with consent without any force, undue
influence. Form shall be submit to district magistrate or additional district
magistrate before the sixty days of conversion.
2. Convertor
[ father, kamkandi, maulvi, mulla] shall submit the form no.2 of schedule no.1 before the DM, ADM. Before one months stating
about thje conversion is going to happen.
3. Converted
person shall send declaration form no.3 of schedule one to DM within 60 days stating
about personal details. Converted person have to appear before the DM after the
expiration of 21 days to prove his/her identity.
Burden of proof.
Burden of proof to prove unlawful conversion shall
be upon the person who caused to conversion or who aid in conversion. Victim relaxed
from the burden of proof.
Conclusion.
Ordinance applicable upon every person of UP
irrespective of their religion and district. Not only applicable to muslim men
but on every men irrespective of religion. Ordinance envisage the principle of
uniform civil code/lawForms required to validate the conversion is for the
removal of doubt of unlawful conversion. Ordinance sought the procedure that
the police official shall after the declaration of conversion, formally
investigate about the convesion to check the conversion valid or not. defrauding
someone by concealing its identity or impersonation is already criminalize
under penal code. In love jihad cases consent of the victim gained by the impersonation,
fraud or undue influence makes the marriage void ab initio. Similar in the cases
where consent of the women gained by making false promise to marry her in
future is amount to rape verdicted by the honourable supreme court in ANURAG
SONI V/S STATE OF CHHATISGARH 629 OF 2019, SC. Because of absence of consent
for sex and in fake promise consent is obtained by fraud.
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