The ordinance is known as the Prohibition of Unlawful Conversion of the Religious Ordinance (2020). In Hindi, it is referred to as Uttar Pradesh Vidhi Virudh Dharma Samparivartan Pratishedh Adhyadhesh (2020).
How did this regulation come into force?
Under Article 213 (1) of the Indian Constitution, Uttar Pradesh Governor Anandiben Patel issued an Ordinance on Illegal Conversion after it was passed by the State Cabinet led by Yogi Adityanath.
This is followed by the eleven key definitions in Uttar Pradesh’s new anti-conversion law from 2020 (prohibition of illegal conversion in the 2020 religious ordinance).
It means and includes the offer of every temptation in the form of:
- Gifts, gratifications, easy money or material benefits, either in cash or in kind;
- Employment, free education in a renowned school run by a religious institution; or
- better lifestyle, divine displeasure or whatever.
Forcing a person to act against their will by using psychological pressure or physical violence that results in bodily harm or threats to them;
Renounce your own religion and adopt another religion
Show or coerce or threaten harm of any kind to the person converted or converted, or to any other person or property.
It means and includes impersonation (any kind / with a false name, surname, religious symbol) or otherwise;
When two or more people are converted.
Person under the age of eighteen.
Any organized system of worship patterns, beliefs, worship or lifestyle as prevailing in India or part of it and as defined by a law or custom currently in force
Person of a religion who carries out an act of conversion from one religion to another religion and whatever he is called, such as father, Karmkandi, Maulvi or Mulla etc.
Unconscious use of one person’s power or influence over another person to persuade the other person to act in accordance with the will of the person who is exerting that influence.
Any conversion that does not comply with the law of the land.
What does this law prohibit?
The law prohibits religious conversion through misrepresentation, violence, improper influence, coercion, lure, or fraudulently. There should also be no conversion through marriage.
What do you say about interfaith marriage?
According to § 6 of the ordinance, that if the marriage was concluded with the sole purpose of unlawful conversion of a man of one religion with women of another religion;; where either he converted before or after marriage or the woman converted before or after marriage; The family court annuls such a marriage.
Rules for a valid conversion
- According to Section 8 (1), a person who wants to convert must submit a declaration; 60 days in advance to the district judge or the additional district judge.
- According to Section 8 (2), the religious convert must give the district judge or an official who is not below the rank of an additional district judge one month’s notice. appointed by the district judge for the purpose of such a ceremony.
- Pursuant to Section 8 (3), if the district judge receives information either from the person who wishes to convert or from a religious converter in accordance with the two clauses above; conducts a police investigation to determine the intent.
- Pursuant to Section 9 Paragraphs 1 and 3, a person must send a statement to the district judge within sixty days of their conversion, stating their current address, the date of conversion, the name of the spouse or parent and the current name and past religion etc.
- According to § 9 Paragraph 4 after submitting the declaration to the district judge according to § 9 Paragraph 1 and 3; he / she must appear before the district judge within 21 days for identification.
- If one of the clauses, ie § 9 Paragraphs 1 to 4, is violated, this conversion becomes void and illegal.
If the above clause 1 (§ 8 Paragraph 1) is violated if a person who wants to convert does not declare his intentions 60 days in advance; then it would be no less than for the term six months and can be extended to three years. The fine cannot be less than Rs. 10,000 / -.
If clause 2 (section 8 (2)) above is violated if the religious converter does not give one month’s notice; then this person’s sentence cannot be less than A year and which can be expanded to 5 years. The fine here would be no less than Rs. 20,000 / -.
Infringements according to this regulation will be Recognizable and not punishable and negotiable by the court of appeal.
If it is an institution or organization, the responsible persons are punished with imprisonment not less than a year, expandable to 5 years. Here the fine should not be less than Rs. 15,000 / -.
If the illegally converted person a Minor, woman, planned caste, or planned tribe Person, then the punishment should be imprisonment not be less than two years, expandable to ten years. Here the fine should not be less than Rs. 25,000 / -.
If there was one Bulk conversion then imprisonment shouldn’t be punished less than three years, expandable to ten years. Here the fine should not be less than Rs. 50,000 / -.
If a person has been convicted, so has has been sentenced under the same law in the past then he / she is liable for the double penalty.
Burden of proof
The person charged under this law must prove that they have not violated the law.
Who can accommodate FIR?
Any aggrieved person, their parents, their brother, sister, or any other person related to them by blood, marriage, or adoption may file an FIR for such conversion under this law.