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Uttar Pradesh’s anti-conversion law aims to “uphold the spirit of secularism”, the Allahabad High Court observed on Tuesday while rejecting the bail plea of a man accused of allegedly coercing a girl into converting to Islam. The man is also accused of sexually assaulting her. The charges were filed under various sections of the Indian Penal Code and the UP Prohibition of Unlawful Conversion of Religion Act.
Justice Rohit Ranjan Agarwal explained that the Prohibition of Unlawful Conversion of Religion Act, 2021, is intended to ensure religious freedom for all, reflecting the nation’s commitment to social harmony. “The purpose of this Act is to uphold the spirit of secularism in India,” he added.
The bench said that while the Constitution grants every individual the right to profess, practice, and propagate their religion, this does not extend to a “collective right” to convert others.
“This is because religious freedom is equally available to both: the person converting and the one being converted,” the judge said.
Azeem, the accused, claimed in his bail plea that he was “falsely implicated” and argued that the girl was in a consensual relationship with him, leaving her home “voluntarily”. He also said that they were married, a fact confirmed in the girl’s statements.
However, the government lawyer opposed the bail application saying the girl is being forced to convert to Islam and that the marriage was conducted without conversion.
The bench highlighted several key points, including the girl’s statement, where she “clearly” stated that she was being “pressurized” by the petitioner and his family to “accept” Islam and was “forced” to perform Islamic rituals.
The court also noted that the petitioner failed to provide evidence of filing an application under Section 8 of the 2021 Act before the ‘marriage’ to facilitate the conversion.
Justice Agarwal ultimately rejected his bail application.
Last month, the Allahabad High Court had said that religious gatherings resulting in conversions should be stopped immediately, warning that the majority population could become a minority one day. Justice Agarwal made this observation while denying bail to a man accused of participating in the religious conversion of villagers from UP.
“If this process is allowed to be carried out, the majority population of this country would be in the minority one day. Such religious congregations should be immediately stopped where conversions are taking place,” the court observed.