Activists write to NHRC to express concern over anti-conversion law

Konkona Sen Sharma | File Pic

Over 1,500 women, including actor Konkona Sen Sharma, lawyer Flavia Agnes, journalist Priya Ramani and activist Shabnam Hashmi, have written to the National Human Rights Commission (NHRC), raising concerns over Uttar Pradesh's Prohibition of Unlawful Conversion of Religion Act, commonly known as the ‘love jihad' law.

In November, Uttar Pradesh Governor Anandiben Patel had promulgated the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Ordinance, 2020, with the aim of prohibiting ‘unlawful conversion from one religion to another by misrepresentation, force, undue influence, coercion, and allurement or by any fraudulent means or by marriage.

In the letter to NHRC, the signatories claim that this law is intended to "stop the women of Uttar Pradesh from exercising their fundamental rights of faith, liberty, bodily autonomy, and equality among others."

They added that the ‘love-jihad' law is "patriarchal" in nature and the reason for its passing is yet to be established through credible research.

The letter further reads, "The assumption that adult women who choose and consent to marry someone from another faith need to be ‘saved' goes against the very spirit of the Constitution, which begins with the words ‘we the people of India' and not ‘we the men of India'."

Raising concerns over the human rights violation of people from religious minorities, the activists said, "Research has shown that a disproportionately large majority of men who are casualties of anti-conversion laws belong to religious minorities."

The petition cited specific incidents where people from religious minorities were either arrested under the new law or asked to break up the marriage without concrete proof, which amounts to human rights violation.

"Most cases that have been registered under the law so far have a telling pattern," the petition pointed out. "For instance, an alleged case of abduction was registered in Sitapur two days prior to the Act's notification, yet it was brought under the ambit of the anti-conversion law. It led to the illegal arrest of seven persons, causing significant human rights violations."

"The shocking December 2, 2020, intervention by the Lucknow cops to stop an interfaith wedding between two consenting adults is yet another example of the absurdity of the new law."

In another case, "A Muslim man and his brother were arrested after he and a 22-year-old Hindu woman tried to get their marriage registered. Here too, it is noteworthy that the arrests were made on October 6, much before the promulgation of the Ordinance."

Pointing out the fact that this law is due to be notified to Madhya Pradesh, Karnataka, Haryana and Assam, the activists said that it is an issue of national concern.

They also added that "international media agencies such as BBC, Washington Post and New York Times have also raised an alarm against the passing and subsequent misuse of the anti-conversion legislation".

The activists submitted that "this law has also emboldened those who seek to destroy the secular fabric of this country, giving them a legal space to stall interfaith unions between consenting adults."

They demanded "timely action" against the law "as the law, without question, is set to shake the democratic foundation of India."

Action sought by the activists

1) Issue notice to the Director General of Police, Uttar Pradesh and call for a detailed report of the cases registered under the anti-conversion law so far.

2) Take suo moto cognisance and investigate grievances of those booked under the Act.

3) Facilitate interim relief to those who have been illegally booked under the Act and grant compensation to the aggrieved, where necessary.

4) Provide police protection to any interfaith couples who intend to marry, so as to prevent undue harassment.

5) Undertake research to formulate exhaustive guidelines for the protection of fundamental rights in order to curb misuse of the law.

6) Submit recommendations to both the central and state governments highlighting the importance of fundamental rights, so that they may take suitable steps to prevent any human rights violations in the future.

Under the law, if one wishes to convert his or her religion, he or she will have to give a declaration in a prescribed form at least 60 days in advance to the District Magistrate or Additional District Magistrate. Violation of this provision could land a person in jail for three months to three years.

Any religious convertor who performs ceremony for converting any person will also have to give one month's advance notice to District Magistrate or Additional District Magistrate.

The ordinance makes religious conversion a cognisable and non-bailable offence, inviting penalties of up to 10 years in prison. Violation of the provisions of the law would invite a jail term of not less than one year, extendable to five years, with a fine of Rs 15,000. However, if a minor, a woman or person belonging to the Scheduled Caste or Scheduled Tribes communities was converted through the said unlawful means, the jail term would be a minimum of three years and could be extended to 10 years with a fine of Rs 25,000.

The ordinance also lays down strict action against mass conversions, which would invite a jail term of not less than three years and up to 10 years and a fine of Rs 50,000.

The court shall also grant appropriate compensation payable by the accused to the victim of said conversion, which may extend to a maximum of Rs 5 lakh, the ordinance said.

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