CNN Central News & Network–ITDC India Epress/ITDC News Bhopal: The Allahabad High Court has observed that while the Constitution and Uttar Pradesh’s law against illegal conversion protects religious freedom, these do not include the right to proselytize.
Justice Rohit Ranjan Agarwal, while denying bail to a person accused of forcing a girl to convert to Islam and also sexually assaulting her noted the following: “The basic object and reason of the enforcement of the Act UP Prohibition of Unlawful Conversion of Religion Act, (2021) was to guarantee religious freedom to all persons which reflects the social harmony and spirit of India…sustain the spirit of secularism in India. According to the Constitution, the state has no religion and all religions are equal…All persons are free to preach, practice and propagate any religion of their choice”.
In the said case, the woman in question had herself filed the FIR alleging that she was being coerced to accept Islam by the applicant and his family members. She had also alleged that she was being kept in captivity and was being forced by the accused’s family members to perform certain Islamic rituals, which were not acceptable to her.
The bail applicant, Ajeen, had also failed to produce any evidence that an application was moved under Section 8 of the Act of 2021 for getting the informant converted to Islam before the marriage/Nikah took place.
Section 8 of the UP Prohibition of Unlawful Conversion of Religion Act prescribes a method for declaration before conversion of religion and pre-report about conversion. According to it, one who desires to convert his/her religion shall give a declaration in the form as prescribed in schedule, at least 60 days in advance to the District Magistrate or Additional District Magistrate that he/she 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.
In the present case however, the woman said while the couple’s nikah was performed without any conversion, her husband’s father, on Bakrid, had asked her to come and see how sacrifice was given, to which she had refused.