In a far-reaching legal pronouncement, the Allahabad High Court has held that religious freedom does not include within its ambit any collective right to convert people of other faiths. The court was making the observation in a bail matter regarding an accused charged with forcibly converting a girl to Islam and sexually exploiting her; it refused bail to him.
It said so while observing that the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021 was intended to ensure freedom of religion to every citizen and it was the reflection of commitment of this country towards secularism. Justice Rohit Ranjan Agarwal said, “Although the Constitution confers on each freedom to profess practice and propagate his religion, this very freedom does not give a collective right to impose conversion upon others.”
The petitioner, Azeem, is accused of compelling a girl to convert to Islam and making her a victim of sexual exploitation. The FIR against him invokes Sections 323, 504, and 506 of IPC and Sections 3/5(1) of the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021. Azeem filed a bail plea before the High Court contending that the allegations against him were false and also the girl, with whom he was having an affair, had come out of her house willingly. He also said the girl had corroborated their marriage in statements recorded under Sections 161 and 164 of the CrPC.
Opposing the bail application, the government’s counsel produced evidence under Section 164 of the CrPC which prima facie showed allegations of coercion to convert to Islam and a marriage conducted without formal conversion.
The court has taken cognizance of the statement of the informant recorded under Section 164 of the CrPC that describes allegations of how Azeem and his family members were forcing her to accept Islam, including being forced to witness the sacrificing of animals during Bakrid and compelled to prepare and eat non-vegetarian food. Furthermore, she was confined and forced to attend Islamic rituals forcibly.
It further held that the petitioner had failed to prove an application for conversion, as alleged before marriage under Section 8 of the 2021 Act was filed.
In light of these facts and prima facie infringement of Sections 3 and 8 of the 2021 Act, the court rejected the bail application presented by Azeem. This kind of decision brings out legal dimensions concerning religious freedom in this regard and further upholds the cost of protection of individual rights from forced conversion and coercion.
ANI
