Source: Allahabad High Court

Why in News?

In a recent matter, Miss Olive Rohit and Others v. State of UP and Others Allahabad High Court highlighted the contentious issue of alleged coercion in religious conversions and sexual abuse.

• The court orders that no coercive action will be taken against the petitioners, and they will not be arrested in pursuance of the instant FIR.

What was the Background of Miss Olive Rohit and Others v. State of UP and Others?

• Miss Olive Rohit (Petitioner), a teacher at a respected school, is accused in a First Information Report (FIR) under Section 156(3) of Code of Criminal Procedure, 1973 (CrPC) of pressuring the informant's son, a Class X student, for a sexual relationship and conversion to Christianity.
• On 30^th September 2023, the informant discovered incriminating chat messages on his son's phone, allegedly instigated by Petitioner, which were later circulated on social media without the child's consent.
• Despite complaints to the Child Welfare Committee and senior police officers, no action was taken.
• A supplementary affidavit and inquiry report conducted by the school's Principal and three independent individuals, including a retired P.C.S. Officer, another school Principal, and a social worker, suggest that the son initiated the conversation using fake IDs after obtaining the teacher's phone number during a dance competition.
• The inquiry found no evidence supporting the son's allegations of a sexual relationship with the teacher and concluded that the son, though a minor, exhibited strong mental dominance.
• Petitioner has filed an FIR against Respondent under Indian Penal Code, 1860 (IPC) Sections 354-A, 504, 507, and Section 66C of the Information Technology Act,2000 (IT Act)
• Respondents are given four weeks to file a counter-affidavit, with an additional two weeks for any rejoinder affidavit.

What were the Court’s Observations?

• The Court issued its order based on the revelation from an independent inquiry, indicating that the allegations against the teacher were fabricated to conceal actions of the student.
• The inquiry panel found that during a dance competition, the student obtained the teacher's mobile number and subsequently created fake IDs using her phone, initiating inappropriate conversations and pressure.
  • The Commissioner of Police, Kanpur, was instructed to transfer the investigation to the cyber cell to determine if the student had created fake accounts using the teacher's phone or ID.
• The court orders that no coercive action will be taken against the petitioners, and they will not be arrested in pursuance of the instant FIR.
• The Court emphasized the need to probe the role of the student and his father, the informant, as they could face criminal prosecution if the inquiry findings are validated.

What is the Legal Provision of Unlawful Conversion of Religion Act?

• There isn't any specific "Unlawful Conversion of Religion Act" in India at the national level.
  • Some states have introduced laws related to religious conversions, often referred to as anti-conversion laws.
  • These laws typically aim to regulate or restrict religious conversions, particularly conversions that are alleged to be coerced or fraudulent.
• Uttar Pradesh has passed the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Ordinance, which aims to prevent religious conversions through force, fraud, or inducement, or for marriage.
  • This ordinance requires individuals wishing to convert to obtain permission from the district magistrate at least two months in advance.
  • Violation of this ordinance can lead to criminal penalties.

What is the UP Prohibition of Unlawful Conversion of Religion Act, 2021?

• The Uttar Pradesh Legislative Assembly passed the Uttar Pradesh Prohibition of Unlawful Religious Conversion Act in 2021, replacing the UP Prohibition of Unlawful Religious Conversion Ordinance, 2020, which was promulgated in November 2020.
• The ordinance was cleared by the UP-State Assembly on 24th November 2020, later approved and signed by State Governor Anandiben Patel on 28th November 2020.
• Applicable in the State of Uttar Pradesh, it serves as an anti-conversion law enacted by the Government of Uttar Pradesh.
• The Act prohibits unlawful conversion from one religion to another through misrepresentation, force, undue influence, coercion, allurement, fraudulent means, or by marriage.
• Section 4 of the Act outlines the individuals authorized to file a FIR.
  • It allows any aggrieved person, their parents, siblings, or any other person related to them by blood, marriage, or adoption to lodge an FIR for conversion that contravenes the provisions of Section 3.

What are the Punishments under UP Prohibition of Unlawful Conversion of Religion Act, 2021?

• Under Section 3 of the anti-conversion law, individuals found guilty may face punishment as outlined in Section 5.
• The standard penalty includes imprisonment ranging from 1 to 5 years and a fine of at least Rs. 15,000.
• However, if the victim is a woman, a minor, or belongs to a Scheduled Caste or Scheduled Tribe, the penalty increases to imprisonment ranging from 2 to 10 years and a fine of at least Rs. 25,000.
• In cases of mass conversion, the punishment is more severe, with imprisonment ranging from 3 to 10 years and a fine of at least Rs. 50,000.
• Repeated offender under this law, up to double the relevant punishment may be provided imposed.
• Section 6 of the Act prohibits "any marriage conducted solely for unlawful conversion" and stipulates that such marriages shall be deemed "void".

What is the Major Case Related to Unlawful Conversion?

• Jose Papachen and Another v. State of UP,2023 court held that only a person who has been converted, his/ her parents, brother, sister, or any other person who is related to him/ her by blood, marriage, or adoption may lodge a FIR pertaining to the allegation of such conversion and no one else.