Allahabad High Court: In a bail plea filed for offences under Section 3 read with Section 5(1) of U.P. Prohibition of Unlawful Conversion of Religion Act, 2021 (‘Act, 2021’), Rohit Ranjan Agarwal,J. after noting that the applicant who falls under the definition of religion convertor, had got the Nikaah ceremony of the informant performed with accused. Further, the necessary declaration to be obtained before conversion, given in Section 8 of Act, 2021, was not obtained from the DM, as mandated under the Act, held that prima facie an offence under Act, 2021 is made out, and bail cannot be granted.
The applicant contended that he is a Maulana/Religious Priest, and he had only performed Nikah of the informant with the accused and had not forcibly converted the informant to “Islam”. He does not have any criminal history and is languishing in jail since 02-06-2024. He further relied upon Nikaahnama dated 11-03-2023 which bears the stamp and his signature and beyond that, he has no role to play.
The informant contended that she was working in a Company. The accused had physically exploited her and forced her to accept “Islam” and Nikaah was performed on 11-03-2024 which was done by the ‘Religion Converter’, the applicant.
After noting the statement of objects and reasons for enacting the Act, 2021, the Court said that the Act was enacted to sustain the spirit of secularism in India.
The Court remarked that “Constitution of India guarantees the religious freedom to all persons which reflects the social harmony and spirit of India. According to the Constitution, State has no religion, and all religions are equal before the State and no religion shall be given preference over the other. All people are free to preach, practice and propagate any religion of their choice. The Constitution gives each the fundamental right to profess, practice and propagate his religion”.
The Court said that in the recent past many such examples came to light where gullible persons have been converted from one religion to another by misrepresentation, force, undue influence, coercion, allurement or by fraudulent means.
The Court noted the definition of ‘Allurement’, ‘Coercion’, ‘Conversion’, ‘Force’, ‘Religion Convertor’. It said that “Religion Convertor” means person of any religion who performs any act of conversion from one religion to another religion and by whatever name he is called such as Father, Karmkandi, Maulvi or Mulla etc.
The Court said that Section 3 prohibits conversion from one religion to another religion by misrepresentation, force, fraud, undue influence, coercion and allurement. Further, as per Section 8 of the Act, 2021 any person who desires to convert his/her religion, shall give a declaration in the form prescribed in Schedule -I at least 60 days in advance, to the District Magistrate (‘DM’) or the Additional DM specially authorized by the DM, that he wishes to convert his/her religion on his/her own and with his/her free consent and without any force, coercion, undue influence or allurement.
The Court noted that in the instant case, the applicant, who comes under the definition of “Religion Convertor”, as defined in Section 2(i) of Act, 2021, had got the Nikaah ceremony of the informant performed with accused. Further, the necessary declaration to be obtained before conversion, given in Section 8 of Act, 2021, was not obtained from the DM, as mandated under the Act. The Court also noted that the defiance of the provision of the Act, 2021, is punishable under Section 5 of Act, 2021.
The Court said that the informant in her statement recorded under Section 164 Code of Criminal Procedure Code, 1973, (‘CrPC’) had categorically submitted that she was forced to accept ‘Islam’ and Nikaah was performed. Thus, the applicant being “Religion Convertor” is equally liable under the Act, 2021.
Therefore, the Court found that prima facie an offence under Act, 2021 is made out, and no case for bail is made out.
[Mohd Shane Alam v. State of U.P, 2024 SCC OnLine All 4284, decided on 20-08-2024]
Advocates who appeared in this case :
Counsel for Applicant:– Nand Kishor Mishra
Counsel for Opposite Party:– Government Advocate
Buy Code of Criminal Procedure, 1973 HERE
Buy Constitution of India HERE
Supreme court is there to give such people relief. They released Zubair whom HC found guilty.
Whatever the court remarked about the freedom of religion given by our constitution it must first be taught, dictated and assignment given to write 1000 times to all our so called great politicians who r exploiting our country in the name of religion, mob lunching in the name of beef, pulling down houses of innocents using bulldozer, instigating mobs for communal riots and much more..
Moreover literacy should be made an important condition for filing in elections. These illiterate goons have spoiled our beautiful country..
Judiciary in india and new set of government is doing great job.