Uttar Pradesh ordinance on Religious Conversion explained [Read Ordinance]

The controversial Uttar Pradesh ordinance on unlawful conversion came into force after the State Governor Anandiben Patel signed off on it this Saturday. .The ordinance titled, Uttar Pradesh Prohibition of Unlawful Conversion of Religion Ordinance, 2020 (Uttar Pradesh Vidhi Virudh Dharma Samparivartan Pratishedh Adhyadhesh, 2020 in Hindi) was cleared by the State Cabinet earlier last week.While the ordinance has been a subject of intense debate due to the implications it could have on inter-faith marriages, the ordinance governs not just inter-faith marriages but all religious conversions. Below are some of the key provisions of the ordinance..Right to religion includes right to convert: Plea in Supreme Court challenges Allahabad HC order holding conversion for marriage unacceptable.Definition of religion and allurement'Religion' has been defined in [Section 2(h)] as any organized system of worship pattern, faith, belief, worship, or lifestyle as prevailing in India or any part of it and defined under any law or custom for the time being in force.'Allurement' [Section 2(a)] means any gift, gratification, easy money or material benefit either in cash or kind, employment, free education in a reputed school run by any religious body or better lifestyle, divine pleasure or otherwise..Definition of religion convertor'Religion Convertor' [Section 2(i)] means a 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..What does the ordinance prohibit?One of the key provisions of the ordinance is Section 3. It states that no person shall convert or attempt to convert either directly or otherwise any other person from one religion to another by use or practice of misrepresentation, force, undue influence, coercion, allurement or by any fraudulent means or by marriage nor shall any person abet, convince or conspire such conversion..Who can lodge an FIR?As per Section 4, any aggrieved person, his/her parents, brother, sister, or any other person who is related to him/her by blood, marriage, or adoption may lodge an FIR of such conversion which contravenes the provisions of Section 3..PunishmentSection 5 prescribes punishment for contravention of Section 3. A person found guilty of offence under Section 3 will be punishable with imprisonment from 1 to 5 years and fine of upto Rs. 15, 000.Importantly, however, contravention of Section 3 with respect to a minor, woman or a person belonging to Scheduled Caste or Scheduled Tribe shall attract a punishment of imprisonment between 2 to 10 years and shall also be liable to fine of upto Rs. 25,000. A person previously convicted under section 3, if found guilty for a second time, will be punishable with the double the punishment prescribed..Effect on marriage One of the most debated aspect of the ordinance is the implications it will have on inter-faith marriages. Section 6 states that any marriage which was done for the sole purpose of unlawful conversion or vice-versa by the man of one religion with the woman of another religion, either by converting himself/herself before or after marriage or by converting the woman before or after marriage, shall be declared void by the family court or where the family court is not established, by the court having jurisdiction to try such case on a petition presented by either party thereto against the other party of the marriage..Procedure for conversion As stated earlier, the ordinance does not affect just inter-faith marriages. Anybody who wishes to convert from one religion to another has to go through the procedure prescribed by the ordinance. The procedure is laid down in Sections 8 and 9. Prior noticeAs per the Section 8, one who desires to convert his or her religion should give a declaration in the form prescribed in Schedule I at least sixty days in advance to the District Magistrate or the Additional District Magistrate specially authorized by District Magistrate, that he wishes to convert his/her religion on his/her own and with his or her free consent without any force, coercion, undue influence or allurement.The Religious Convertor who is slated to perform the conversion ceremony should also give a one month's advance notice in the form prescribed in Schedule II of such conversion to the District Magistrate or the Additional District Magistrate appointed for the same by the District Magistrate. Thereafter, the police will conduct a police inquiry to ascertain the real intention, purpose, and cause of the proposed religious conversion.A person undergoing religious conversion who violates Section 8 shall be punished with imprisonment between 6 months and 3 years and fine which is not below Rs. 10,000. A religious converter who violates Section 8 shall be punished with imprisonment between 1 to and 5 years and fine which is not less than Rs. 25,000..Declaration post conversionSection 9 lays down the procedure to be followed post conversion. It mandates that a converted person should send a declaration in the form prescribed in Schedule III within 60 days of the date of conversion to the District Magistrate of the district within which the person ordinarily resides.The declaration should contain all requisite details including permanent address, place of residence, the religion to which the person originally belonged and the religion to which the person has converted.The converted individual should then appear before the District Magistrate within 21 days from the date of sending of declaration to confirm the contents of the declaration. The District Magistrate will record the contents of the declaration and the confirmation in a register maintained by him for this purpose. Contravention of provisions of Section 9 will render the conversion illegal and void. .Burden of proof on accusedAnother crucial provision in the ordinance is Section 12. It states that the burden of proof as to whether a religious conversion was effected through misrepresentation, force, undue influence, coercion, allurement or by any fraudulent means or by marriage, lies on the person who has caused the conversion and, where such conversion has been facilitated by any person, on such other person..[Read Ordinance]