Uttar Pradesh Prohibition of Unlawful Conversion of Religion Ordinance, 2020
This Ordinance has been promulgated by the Governor of Uttar Pradesh, for the purpose of providing prohibition of unlawful conversion from one religion to another by misrepresentation, force, undue influence, coercion, allurement or by any fraudulent means or by marriage and for the matters connected therewith.
Prohibition of conversion from one religion to another by misrepresentation, force, fraud, undue influence, coercion, allurement or marriage [SECTION 3]
The ordinance states that no person shall convert or attempt to convert 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.
If any person reconverts to his/her immediate previous religion, the same would not come under the ambit of this Ordinance.
Persons competent to lodge FIR [SECTION 4]
Aggrieved, his/her sister/brother, parents or any other person who is related to him/her by blood, marriage or adoption can file an FIR and report of such conversion that contravene the provisions of Section 3.
The ordinance lays down the punishment for contravention of provisions of Section 3 under Section 5.
Marriage done for the sole purpose of Unlawful Conversion or vice-versa to be declared void [SECTION 6]
If marriage is conducted 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 converting the woman either before or after the marriage shall be declared void.
Non-bailable and Cognizable [Section 7]
All the offences under this Ordinance shall be cognizable and non-bailable and triable by the Sessions Court.
Declaration before Conversion of religion and pre-report about conversion [SECTION 8]
Person who desires to convert to some other religion needs to provide a declaration in the form prescribed in Schedule-I at least sixty days in advance either to the District Magistrate or Additional District Magistrate and states that the same is being done with his/her free consent and without any force, coercion, undue influence or allurement.
Religious convertor who shall perform the above-stated act of conversion will also have to give one month’s advance notice in the form prescribed in Schedule -II TO District Magistrate or Additional District Magistrate regarding where the said ceremony would take place.
Declaration post-conversion of religion [SECTION 9]
The converted person shall send a declaration in the form prescribed in Schedule-III within 60 days of the date of conversion, to the District Magistrate in which the converted person resides ordinarily.
Punishment for violation of provisions of Ordinance by an institution or organization [SECTION 10]
If any institution or organization violates the provisions of the ordinance, they shall be subjected to punishment as provided under Section 5 and the registration of the said institution or organization shall stand cancelled.
Burden of Proof [SECTION 12]
The burden of proof of whether a religious conversion was not effected through misrepresentation, force, undue influence, coercion, allurement or by any fraudulent means or by marriage would lie on the person who caused the conversion and where such conversion was facilitated by any person on such other person.
The above Ordinance will extend to the whole of Uttar Pradesh.
