Introduction
Expressing its concerns over the recent amendment to the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021 (aka UP anti-conversion law), United Christian Forum (UCF) has submitted a detailed memorandum to UP Governor Anandiben Patel highlighting the misuse of the law by right-wing extremists and alleged police bias. The Forum, on August 19, also demanded that the legislation be repealed as well as the recent amendment to the law, which was passed by the UP legislature this month.
The memo titled, “Memorandum pertaining to Concerns Regarding the Uttar Pradesh Prohibition of Unlawful Conversion of Religion (Amendment) Bill, 2024” said that it aims to draw the Governor’s attention to the stringent measures proposed under the recent amendment bill against fraudulent or forced religious conversions; the role of police in colluding with Hindutva groups whilst turning a blind eye to offenses committed against Christians, and “the correlation between increased violence and the enactment of the anti-conversion laws.”
UCF pointed out that in many cases false complaints under the anti-conversion law were filed against members of minority communities by third parties who were not related in any way to the alleged victims of fraudulent conversions, thus revealing the communal agenda behind such harassment tactics. The memorandum also conveyed its worry over the recent amendment bill to the UP anti-conversion law and observed that “The broad and ambiguous language of the Bill emboldens individuals and groups to target religious minorities under the pretext of preventing fraudulent conversions. The provision allowing ‘any person’ to lodge a complaint widens the door to accusations driven by personal, political, or communal biases, leading to a wave of violence and harassment against these communities.”
The representation also referred to the study published by Article 14 wherein the latter analysed over 100 FIRs filed under the UP anti-conversion law and found out that 63 of them were registered by third-parties, including 26 from extremist groups. The memorandum said that the terms like “force, fraud, and allurement” remain undefined and vague under the law, with a possibility of categorising “any collective gathering of Christians… as an attempt to allure people to Christianity.”
The Forum maintained that existing criminal laws are already equipped to handle cases related to fraudulent and/or forced conversion, “yet the Bill imposes disproportionately severe penalties under the guise of preventing unlawful conversions.” The memo further cited media reports to highlight weaponisation of anti-conversion laws by mob and police to target religious minorities, wherein false cases linger for years against accused even as legal costs continue to grow, thus resulting in violation of accused’s right to life and liberty.
False and third-party complaints
In its memorandum, UCF provided details about several complaints which it claimed were either false, filed by third party, or involved police complicity. The details of these complaints and related FIRs can be found below:
- Sonbhadra: FIR No. 0269/2023
Details of the case: On November 29, 2023, in Sonbhadra, Uttar Pradesh, 22 individuals were apprehended by the police with arrests made across various police stations in the district. The charges against the pastors include allegations under the Uttar Pradesh Freedom of Religion Act, 2021 with a total of 42 individuals implicated in the said. The complainant’s status as a leader of a fundamentalist group suggests that the FIR against the 42 pastors is driven by motives.
The copy of the complaint/FIR can be found here:
- Azamgarh: FIR No. 0286/2022
Details of the case: On July 30, 2022, six Dalit women were arrested in Azamgarh, Uttar Pradesh while celebrating a child’s birthday – the son of one of the ladies. Local extremists witnessed the congregants praying for the child and reported it as an event where forced conversion was being carried out. All six women were booked under the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021.
The copy of the complaint/FIR can be found here:
- Maharajganj: FIR No. 0410/2023
Details of the case: On August 20, 2023, Santosh Nishad from Maharajganj District in Uttar Pradesh was hosting a prayer gathering and get-together at his house when a group of approximately 10 individuals trespassed his property and physically assaulted him, accusing him of engaging in fraudulent religious conversions. On the evening of August 21, Pastor Santosh was taken into custody at the Nichlaul police station. The said FIR was registered under IPC sections 323 and 506 and the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021 leading to his imprisonment. Pertinently, the complainant later testified in the Maharajganj Sessions Court that he had been coerced into filing a complaint against the accused.
The copy of the complaint/FIR can be found here:
- Azamgarh: FIR No. 0370/2022
Details of the case: On November 23, 2022, a complaint was lodged in the Azamgarh district, alleging fraudulent religious conversions by Prashant Singh as the complainant, who claims to be a leader of the Bajrang Dal. As a result, the said FIR was registered under the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021, naming Harkhuram and Achhelal as the accused. Achhelal Rahi was subsequently placed in judicial custody on November 24, 2022. Notably, Harkhuram, one of the accused in the FIR, had passed away 12 years earlier.
The copy of the complaint/FIR can be found here:
- Azamgarh: FIR No. 0397/2023
Details of the case: On September 10, 2023, in a village in Azamgarh, a prayer meeting was abruptly interrupted when a neighbour falsely accused them of religious conversion. The police swiftly arrested Brijesh, Parmeshwar, and Poonam Yadav, the wife of Brijesh Yadav. Poonam, who was three months pregnant, was taken into custody along with her innocent one-year-old daughter. They were all charged under the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021 and the said FIR was registered against them.
The copy of the complaint/FIR can be found here:
- Ayodhya: FIR No. 0206/2024
Details of the case: On June 23, 2024, Sarju Prasad was illegally detained for almost 48 hours without the registration of an FIR when a prayer gathering at his home was disrupted in Ayodhya, Uttar Pradesh, by journalists alleging fraudulent religious conversions by the police. The two online complaints were filed alerting the police regarding this illegal detention, accompanied by tweets addressing the police regarding this incident. The FIR bearing number 0206/2024 at Police Station Cantonment under the anti-conversion law was subsequently filed against him on June 26, 2024, and was he subsequently arrested and has been in judicial custody since then.
The copy of the complaint/FIR can be found here:
Conclusion
Even as the Forum highlighted the grievous violence and atrocities that have been committed against the Christian community, it also suggested several recommendations to Governor Anandiben Patel to ameliorate the situation. Its recommendations include:
- Repealing the existing Anti-Conversion Law
- Suspension of the 2024 Amendment Bill
- Strengthening training for the police and judicial officers: Enforcement of comprehensive training programs for police personnel and judicial officers focused on safeguarding religious freedoms, handling complaints ethically, and conducting unbiased investigations.
- Victim support in cases of false complaints: Establishment of support systems for individuals wrongfully accused, including legal assistance and psychological counselling to mitigate the trauma and financial impact of such actions.
- Strengthening Community Relations: Undertaking initiatives that strengthen community relations and promote tolerance among different religious groups instead of using punitive legislation which may exacerbate communal tension.
- Public Awareness and Education: The Government to prioritize public awareness campaigns to educate citizens about the constitutional rights related to religious freedom and the importance of respecting diversity.
The copy of the memorandum can be found here:
Related:
Environment of targeted hate and violence against Christians: Report | SabrangIndia