The Allahabad High Court recently rejected bail plea of a man accused of forcibly converting a woman to Islam and marrying her (Javed v. State of Uttar Pradesh)..Single-judge Justice Shekhar Kumar Yadav while rejecting the bail application of one Javed, said that the conversion was forceful and the victim was illegally converted for the purpose of marriage.The Court also observed that sometimes people do not convert to another religion out of fear or greed, but due to humiliation, as they believe that they will get respect in other religions."Everyone has a right to freedom under our Indian Constitution. Sometimes it also happens that people do not convert to another religion out of fear or greed, but due to humiliation, as they believe that they will get respect in other religions. There is no harm in this, and in the Indian Constitution, all citizens have the right to live life with dignity. When a person does not get respect in his/her own house and he/she is neglected, then he/she leaves the house."In this regard, reliance was placed on Dr. BR Ambedkar and how he suffered humiliated in this early days."As the history of the past tells that when we were divided, the country was invaded and we became slaves. Dr. Bhim Rao Ambedkar, the architect of the Indian Constitution, is a good example of this, who suffered a lot of humiliation in his early life and that is why he converted his religion."The Court, however, maintained that every citizen is free to convert from one religion to another and can marry any individual (adult) of his/her/their choice."Everyone has a right to freedom under our Indian Constitution. Sometimes it also happens that people do not convert to another religion out of fear or greed, but due to humiliation, as they believe that they will get respect in other religions. There is no harm in this, and in the Indian Constitution, all citizens have the right to live life with dignity. When a person does not get respect in his/her own house and he/she is neglected, then he/she leaves the house."The Court was hearing a bail application moved by one Javed who accused of unlawfully converting a Hindu woman to Islam, allegedly for the purpose of marriage. The victim had alleged/contended that she was out in Jalesar market on November 17, 2020 and was forcefully abducted from the site and was administered some poisonous drugs, because of which she lost her consciousness.On the very next day, she found out that she had been brought to Delhi and found herself in Karkardooma court in New Delhi, where she was asked to sign a document.Later, the victim tabled her statement before the Magistrate and told that she has been forcefully brought to Delhi and that Javed was already married to another person.She informed the magistrate that she has been 'forcefully converted' for the purpose of marriage..A First Information Report was registered under Sections 366, 368 and 120-B of Indian Penal Code and Section 5 (1) of Uttar Pradesh Prohibition of Unlawful Religious Conversion Act..The counsel for applicant/accused submitted that the victim converted on her will and she was not forcefully converted by the applicant. It was further highlighted that the said conversion took place before before the Uttar Pradesh Prohibition of Unlawful Religious Conversion Ordinance came into force..On the other hand, Government Advocate Vaibhav Singh strongly opposed the bail and submitted that the applicant is already married and after kidnapping the victim and feeding her intoxicant, he got her signed on a plain paper in a state of intoxication and when she regained consciousness, she called the police and gave a statement of Section 164 of Code of Criminal Procedure (CrPC) against the applicant before the magistrate.."Nowadays, many such cases are being seen in the TV and newspapers, wherein poor, helpless, dumb, deaf women etc. are brainwashed. The saddest thing is that such people are encouraged and funded from abroad, just to weaken the country," the prosecution submitted .It was further argued that the eyewitnesses of the incident, Sunita Chauhan and Uthas Bharadwaj said that they had seen the victim along with the accused on November 17, 2020."Praveen Kumar said in his statement under Section 161 Cr.PC that the accused Javedan's brothers-in-law Mahfouz and Faizan had hidden the victim in their place. It is clear that the accused is already married and has wrongly married the victim by illegal conversion of religion," submitted the Government Advocate..After examining the submission of the parties and the material placed on record, the Court said that it was a clear case of 'forceful conversion' and it was done with the sole intention to marry the woman against her will.There is no place for religious fanaticism, greed and fear in the country, the Court said.Religion, the Court opined, is an object of devotion and can't be tied to specific worship system."Example can be taken of Emperor Akbar and his wife Jodha Bai," the order said..The court also noted that Javed was already married."He mentally and physically abused her and on getting the opportunity, the victim called the police and gave a statement against the accused before the magistrate which cannot be ignored.".Article 25 (1) of the Constitution, the Court said, guarantees the right to freedom of religion to every citizen but that "does not mean that someone should be converted in return of greed or fear.".The bail application of Javed was, therefore, rejected. "Accused is not entitled to bail and it is liable to be rejected. Failure to do so will give strength to those religious contractors of the society who convert the poor and women wrongly by giving them fear, temptation," the order said. .[Read order]
The Allahabad High Court recently rejected bail plea of a man accused of forcibly converting a woman to Islam and marrying her (Javed v. State of Uttar Pradesh)..Single-judge Justice Shekhar Kumar Yadav while rejecting the bail application of one Javed, said that the conversion was forceful and the victim was illegally converted for the purpose of marriage.The Court also observed that sometimes people do not convert to another religion out of fear or greed, but due to humiliation, as they believe that they will get respect in other religions."Everyone has a right to freedom under our Indian Constitution. Sometimes it also happens that people do not convert to another religion out of fear or greed, but due to humiliation, as they believe that they will get respect in other religions. There is no harm in this, and in the Indian Constitution, all citizens have the right to live life with dignity. When a person does not get respect in his/her own house and he/she is neglected, then he/she leaves the house."In this regard, reliance was placed on Dr. BR Ambedkar and how he suffered humiliated in this early days."As the history of the past tells that when we were divided, the country was invaded and we became slaves. Dr. Bhim Rao Ambedkar, the architect of the Indian Constitution, is a good example of this, who suffered a lot of humiliation in his early life and that is why he converted his religion."The Court, however, maintained that every citizen is free to convert from one religion to another and can marry any individual (adult) of his/her/their choice."Everyone has a right to freedom under our Indian Constitution. Sometimes it also happens that people do not convert to another religion out of fear or greed, but due to humiliation, as they believe that they will get respect in other religions. There is no harm in this, and in the Indian Constitution, all citizens have the right to live life with dignity. When a person does not get respect in his/her own house and he/she is neglected, then he/she leaves the house."The Court was hearing a bail application moved by one Javed who accused of unlawfully converting a Hindu woman to Islam, allegedly for the purpose of marriage. The victim had alleged/contended that she was out in Jalesar market on November 17, 2020 and was forcefully abducted from the site and was administered some poisonous drugs, because of which she lost her consciousness.On the very next day, she found out that she had been brought to Delhi and found herself in Karkardooma court in New Delhi, where she was asked to sign a document.Later, the victim tabled her statement before the Magistrate and told that she has been forcefully brought to Delhi and that Javed was already married to another person.She informed the magistrate that she has been 'forcefully converted' for the purpose of marriage..A First Information Report was registered under Sections 366, 368 and 120-B of Indian Penal Code and Section 5 (1) of Uttar Pradesh Prohibition of Unlawful Religious Conversion Act..The counsel for applicant/accused submitted that the victim converted on her will and she was not forcefully converted by the applicant. It was further highlighted that the said conversion took place before before the Uttar Pradesh Prohibition of Unlawful Religious Conversion Ordinance came into force..On the other hand, Government Advocate Vaibhav Singh strongly opposed the bail and submitted that the applicant is already married and after kidnapping the victim and feeding her intoxicant, he got her signed on a plain paper in a state of intoxication and when she regained consciousness, she called the police and gave a statement of Section 164 of Code of Criminal Procedure (CrPC) against the applicant before the magistrate.."Nowadays, many such cases are being seen in the TV and newspapers, wherein poor, helpless, dumb, deaf women etc. are brainwashed. The saddest thing is that such people are encouraged and funded from abroad, just to weaken the country," the prosecution submitted .It was further argued that the eyewitnesses of the incident, Sunita Chauhan and Uthas Bharadwaj said that they had seen the victim along with the accused on November 17, 2020."Praveen Kumar said in his statement under Section 161 Cr.PC that the accused Javedan's brothers-in-law Mahfouz and Faizan had hidden the victim in their place. It is clear that the accused is already married and has wrongly married the victim by illegal conversion of religion," submitted the Government Advocate..After examining the submission of the parties and the material placed on record, the Court said that it was a clear case of 'forceful conversion' and it was done with the sole intention to marry the woman against her will.There is no place for religious fanaticism, greed and fear in the country, the Court said.Religion, the Court opined, is an object of devotion and can't be tied to specific worship system."Example can be taken of Emperor Akbar and his wife Jodha Bai," the order said..The court also noted that Javed was already married."He mentally and physically abused her and on getting the opportunity, the victim called the police and gave a statement against the accused before the magistrate which cannot be ignored.".Article 25 (1) of the Constitution, the Court said, guarantees the right to freedom of religion to every citizen but that "does not mean that someone should be converted in return of greed or fear.".The bail application of Javed was, therefore, rejected. "Accused is not entitled to bail and it is liable to be rejected. Failure to do so will give strength to those religious contractors of the society who convert the poor and women wrongly by giving them fear, temptation," the order said. .[Read order]
