Page 30 - Cafe-Social-June-2021

marriages are not socially acceptable in the the person converting. This criminal force has a
Indian social fabric due to which couples may
be left with no choice but to convert to the
other religion for marrying their loved one. This
situation of being left with “no choice” is
equivalent to being under indirect pressure; in
these types of situations, the individuals
converting may/may not realize that they are
under such pressure as they fail to recognize it.
It is also possible that these individuals may
falsely disguise such pressure as their “true”
consent only to marry their loved ones. Thus, to
prevent such scenarios, the Anti-Conversion
Law was implemented.
Does the Anti-Conversion Law Invade
One’s Privacy and Freedom of Personal
Choice?
However, the URCO of UP 2020 has been
heavily criticized because it allegedly violates
individuals’ fundamental freedom to religion,
freely marry a person of their own choice, and
privacy. This is because, according to
UPPURCO 2020, the inter-faith couple is
required to inform the District Magistrate 2
months prior about their conversion before
converting. After such notice, the police will
investigate to identify the “real intention,
purpose, and cause” of the proposed religious
conversion. This disclosure and investigation
heavily interfere and disrupt the couples’
private lives and go against various precedents
of the Supreme Court that upheld individuals’
autonomy and personal choice.
Present scenario after the law has
come into the effect, applicability of
the penal provision, and upon whom
the burden of proof lies?
If it is established that such conversion is not
willful, then not only is the person causing such
conversion being criminally penalized but so is
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chilling effect, particularly on the person
converting, due to which their willingness and
judgment to convert may be clouded due to
fear from state action. URCO of UP 2020 is
also criticized because the “burden” of proof to
prove that the conversion was willful and valid
falls only on the person “causing” such
conversion. The opinion of the person
converting is not considered, which, again,
leads to the creation of an imbalance of power.
Since the Anti-Conversion law was
implemented, 86 people have been booked in
16 cases involving allegations of religious
conversion for love or marriage among Hindus
and Muslims in Uttar Pradesh alone. The key
accused in these cases are majorly Muslims.
First Information Reports (FIRs) have also been
filed in Gujarat, Madhya Pradesh, and other
states. In these FIRs, some claim that the
conversion was willful, accompanied by the
parents’ testimony, whereas the other claim
that they were under undue influence and
allurement on the false promise of marriage.
Conclusion
Therefore, considering the consequences
mentioned above, although the Anti-
Conversion Law was implemented to protect
individuals, especially women, from forced
conversions, the legal and practical effect is yet
to fully unfold as this law has been challenged
for its constitutional validity in various High
Courts wherein final decision remains pending.
Disclaimer — The views, thoughts, and
opinions expressed through the piece of article
of article are the personal views of the author
and do not, in any way, represent the official
policy or position of the author’s employer or any
organization the author is a part of. The article
does not intend to hurt, degrade, or disrespect
any individual, organization, or community.