New Delhi: The Supreme Court has once again reprimanded the Uttar Pradesh government for its arbitrary use of the Unlawful Religious Conversion Act. The case in question involves an alleged rape charge, in which the state government also invoked the 2021 anti-conversion law against the accused. During a hearing on Thursday, the apex court strongly criticized this move.
While reviewing a bail petition, a bench led by Chief Justice of India Sanjiv Khanna and Justice Sanjay Kumar condemned the Uttar Pradesh government for implementing the anti-conversion law “without any justification.”
According to reports, the bench was hearing an appeal challenging an Allahabad High Court order from September 5, 2024. The high court had denied bail to a man accused of forcibly converting a Hindu woman, who already had a child from a previous relationship, to Islam and marrying her.
The Allahabad High Court had ruled that while the Constitution guarantees every individual the fundamental right to practice and propagate their religion, this right cannot be misinterpreted as a collective right to convert others. The court emphasized that the right to religious freedom applies equally to both the converter and the converted.
During the Supreme Court hearing, the petitioner’s lawyer argued that the relationship was consensual and that both individuals had known each other for a long time. He claimed that false charges were leveled against the accused to imprison him. The lawyer further stated that his client had been in jail for the past eight months “merely for helping a woman.”
Chief Justice Khanna, expressing his shock, remarked, “Frankly, I am also surprised. I hesitate to use this word, but the state police seem biased. How is this possible? The facts speak for themselves, and you are enforcing the anti-conversion law without cause.”
The petitioner, currently in jail on charges of alleged rape and unlawful religious conversion, maintained that the relationship was consensual and that he was falsely implicated.
Hearing the bail plea, Chief Justice Khanna observed, “There is nothing in this case… The state is not being impartial… The facts are clear. And applying the Conversion Act? Completely inappropriate! This is unacceptable.” The court granted the state two weeks to file its response.
The misuse of anti-conversion laws has been a growing concern in recent years, with several cases emerging where individuals, particularly from marginalized communities, were falsely accused. Many of these cases were later overturned by the courts.
