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Thursday, November 21, 2024

Uttar Pradesh Assembly Moves To Make Forced Religious Conversions Punishable By Life Imprisonment

Posted in: Criminal Law
Thu, Aug 1, 24, 13:21, 4 Months ago
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Uttar Pradesh Prohibition of Unlawful Conversion of Religion (Amendment) Bill, 2024 which aims to make the State’s anti-conversion law more stringent so that there is no imbalance in population of any one particular religion.

It is really good to see that after a long spell of uncertainty, we finally see that the Uttar Pradesh State Assembly on July 30, 2024 passed the Uttar Pradesh Prohibition of Unlawful Conversion of Religion (Amendment) Bill, 2024 which aims to make the State’s anti-conversion law more stringent so that there is no imbalance in population of any one particular religion. We need to note here that this Bill recommends maximum life imprisonment for fraudulent or forced conversions. It must be recalled that earlier the maximum sentence was 10 years in prison.

It definitely cannot be lightly dismissed by anyone and has to be taken most seriously by all of us that it is none other than the Allahabad High Court which is the biggest High Court not just in India but in the whole world which in a most learned, laudable, landmark, logical and latest judgment titled Kailash vs State of UP in Criminal Misc. Bail Application No. - 19442 of 2024 and cited in Neutral Citation No. – 2024 : AHC : 105940 that has been pronounced as recently as on July 1, 2024 has minced just no words to say in no uncertain terms most unequivocally while expressing most serious concern on huge conversions that unlawful conversion of Scheduled Castes and Scheduled Tribes SC/ST and economically poor persons to Christianity was being done at rampant pace throughout Uttar Pradesh. Most worryingly, the Bench minced absolutely just no words to say most clearly that the majority population of the country would become the minority one day, if religious congregations where conversions take place are not stopped. No denying it.

It must be also further disclosed here that the Single Judge Bench comprising of Hon’ble Mr Justice Rohit Ranjan Agarwal of the Allahabad High Court made these so very crucial observations while dismissing the bail plea of an accused after perusing it very minutely in detail under the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021. Very rightly so! It was also observed by then Bench that Article 25 of the Constitution of India provides for “freedom of conscience and free profession, practice, and propagation of religion” but does not provide for conversion from one faith to another faith. The Bench also sought to clarify on “propagation” that:
The word “propagation” means to promote, but it does not mean to convert any person from his religion to another religion.”

It will in the fitness of things on my part to recall here what my very best friend Sageer Khan in 1993 in Mackronia locality in Sagar in Madhya Pradesh felt about conversion as he held my hand hardest in my most rough patch of life when in BSc Second Year I was wrongly declared fail in Botany and Chemistry by one and two marks! I had to face most taunting and humiliating remarks from some of my very close friends whom I don’t want to name which left me feeling most dejected in life but Sageer Khan stood by me like a mountain. He slammed “conversion” as “one of the worst crimes on earth” for which he felt that there must be complete zero tolerance and said that it must be completely banned not only in just India but it needs to be banned all over the world. He further said fumingly that:
Conversion cannot be justified under any circumstances. I am unable to comprehend that why conversion has not been totally banned in India and why those who indulge in forceful conversion are not subjected to only and only public shooting so that no one ever dares to again try to convert someone by force or fraudulent means.”

To put it differently, I must recall here that my very best friend Sageer Khan was very deadly against conversions which he said is “worse than murder” and way back in 1994 in Mackronia locality in Sagar in Madhya Pradesh when I once expressed my desire to him to become a Muslim like him very much influenced by what all he told me about Islam and his style of praying and how he in my most trying times stood by me like not just a rock but like a mountain when I was really not faring very well in my academics in BSc with my very close friends all of whom were Hindus mocking at me in front of everyone with most taunting remarks which I can never forget in my life over my poor academic performance was virtually in literal tears flowing freely from his eyes after listening to my intention to convert to become a Muslim like him. I still recollect that how he immediately then caught my hands and promptly placed it on top of his head and said to me most astonishingly that:
I am giving you an oath never to be taken back that never in this life of yours and in this birth of yours will you ever relinquish your religion or even think about doing so and so also the God Mahadev whom you have worshipped till now nor will you ever dream of doing so. I have seen from April 1993 ever since you came in my contact till now that you very seriously worship Lord Shiv or Lord Mahadev or Lord Bholenath as you call him and so you swear by me that you will never shun him or even think of doing so nor will you ever shun your religion till you die just like I will never give up my faith in Allah nor my religion.

Leave alone getting converted you must say on oath to me that you will never enter a mosque nor even see towards a mosque but you will always worship your own God Mahadev in temple like I pray to my Allah in a mosque. Above all, all religions and Gods are only just different names and different routes to reach the same destination just like when we go to top of mountain from different routes, we reach the same destination. There is a reason why God makes our birth in a particular religion and so we should never shun that religion where God ensured that we took birth under any circumstances till we die.” I had just no option but to give the oath to him as he wanted as Sageer Khan was most dear to me.

Not only this, Sageer Khan while batting most strongly for totally abolishing conversions also said most forcefully that, “Conversions must totally be banned in all countries in the world and those who abet must be definitely sent to jail for at least few years so that they never dare again to try to convert some one and all those organizations who are found to regularly indulge in mass conversions must be permanently banned from India and also a very huge penalty must also be definitely imposed on them to act as a strong deterrent so that no one in India ever dare to indulge in conversion!”

For sake of clarity, let me clarify here that I am personally not so rigid and I have only mentioned my very best friend Sageer Khan’s views who stopped me from becoming Muslim when I wanted to convert in 1994 and took an oath from me after catching my hands and placing it on top of his head with tears rolling down his eyes and said that:
Just like I will never shun Islam and Allah similarly you should never shun Hinduism and Mahadev whom you worship till now. You will have to give this oath to me There is a reason why God makes our birth in a particular religion which we should never shun under any circumstances and all religions are different paths to reach the same goal just like mountaineers adopt different paths to reach the same top of a mountain. Centre must ban it completely and those who encourage conversion without using any force must be punished for 10 years to 20 years in prison and those who forcibly convert must be punished only and only by shooting them in public and should not allow any of his relatives to attend his last rites and should not be given proper burial so that no one dares to again ever indulge in forcible conversion.” In fact I was completely aghast as I never expected him to react by crying and taking oath from me that I will never give up my faith in Bhole Baba and never enter or even see towards a mosque in my life!

All told, it is trite to say that conversions must actually be now totally banned not just from few States as we see right now but from all over India on a national scale as it is high time now and for which Centre must definitely take the much needed initiative just like it has done to amend the penal laws as we cannot gloss over or take lightly what the Allahabad High Court has expressed its utmost concern over the huge conversions taking place. There can be no more dilly-dallying on this! We have seen that how many missionaries groups on many occasions give lure of huge money and what not just to secure conversions which definitely is a very big potential threat not just to one religion alone but to our national security also as the population demography can be easily changed very fast by mass conversions as pointed out in this brilliant judgment by Allahabad High Court who very rightly held that:
It has come into notice of this Court in several cases that unlawful activity of conversion of people of SC/ST castes and other castes including economically poor persons into Christianity is being done at rampant pace throughout the State of Uttar Pradesh.”

It is not just the illiterate people but also literate people who too many times get brain washed and indulge in wrong acts which are inimical to our national interests which has to be checked, combated and crushed completely by ensuring that no conversion is ever allowed in India under any circumstances whatsoever! Not all are lucky like me to get a friend like Sageer Khan who regularly accompanied me to temple of Lord Hanuman and Devi Durga in Mandir Marg in Civil Lines in Sagar in Madhya Pradesh for two years from April 1993 to April 1995!

It is definitely high time and now what most commendable initiative we see that the UP State Government is taking must definitely be implemented nationally also most promptly so that those who indulge in forced or fraudulent conversions are sent behind bars at least for life if not killed publicly as my very best friend Sageer Khan wanted most desperately! If conversion cannot be banned completely because of “freedom of choice to practice the religion of his/her choice” as enshrined in Constitution the least that can be done is to completely ban forced or fraudulent conversion and those who are still found to be indulging in it rampantly must be punished with the same punishment as we see has been done by the UP State Government! No denying or disputing it!

Sanjeev Sirohi, Advocate,
s/o Col (Retd) BPS Sirohi, A 82, Defence Enclave,
Sardhana Road, Kankerkhera, Meerut - 250001, Uttar Pradesh

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Sanjeev Sirohi Advocate
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