Source: Allahabad High Court

Why in News?

Recently, the High Court of Allahabad in the matter of Jose Papachen and Another V. State of UP, has explained the scope of Section 4 of the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021.

Background

• In this case, the appellants Jose Papachen and Sheeja are Christians by religion who were accused of being instrumental in the conversion of religion (from Hinduism to Christianity) by various allurement amongst the communities of Scheduled Caste and Scheduled Tribe.
• On 24^th January 2023, the First Information Report (FIR) was lodged by the complainant under the provisions of UP Prohibition of Unlawful Conversion of Religion Act, 2021.
• The complainant is Zila Mantri of a Political Party.
• Their bail application was rejected by the Special Judge in March 2023 following which, an appeal was filed before the HC.
• The appeal was allowed, and the appellants were directed to be released on bail.

Court’s Observations

• The bench of Justice Shamim Ahmed held that as per the mandate of the said provision, 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.
• The Court further held that as per Section 4 of this Act, an aggrieved person or his close relatives may only file an FIR alleging the commission of an offence under Section 3 of this Act, which prohibits conversion of religion as also its attempt by traced misrepresentation, force, undue influence, and/or allurement, as also its abatement and conspiracy.
• The Court noted that the complainant in the case was not the competent person to lodge an FIR under Section 4 of this Act.

Legal Provisions

UP Prohibition of Unlawful Conversion of Religion Act, 2021

• In the year 2021, the UP Legislative Assembly passed this Act which replaced the UP Prohibition of Unlawful Religious Conversion Ordinance, 2020 which was promulgated in November 2020.
• The UP State Assembly cleared the ordinance on 24 November 2020 following which it was approved and signed by State Governor Anandiben Patel on 28 November 2020.
• Applicable in the State of UP, it is an anti-conversion law enacted by the Government of UP.
• This Act provides for prohibition of unlawful conversion from one religion to another by misrepresentation, force, undue influence, coercion, allurement or by any fraudulent means or by marriage.
• Section 4 of this Act deals with Persons Competent to Lodge FIR It states that -
  • Any aggrieved person, his/ her parents, brother, sister, or any other person who is related to him/ her by blood, marriage, or adoption may lodge FIR of such conversion which contravenes the provisions of Section 3.