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Mahesh

18/08/25 08:04 AM IST

Uttarakhand’s Bill against forced religious conversion

In News 
  • The Uttarakhand Cabinet approved making the legal provisions against forced religious conversion more stringent in the state, including by raising the duration of jail sentences and expanding the definition of “conversion”.
Major Amendments 
  • 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 
  • 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.
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.
Source- Indian Express 

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