The Uttar Pradesh Police were harshly rebuked by the Supreme Court for invoking the Uttar Pradesh Prohibition(UP) of Unlawful Conversion of Religion Act 2021 without sufficient evidence in an alleged rape case.
Facts of the Case- According to an order of the High Court, a woman from West Bengal claimed she moved into Deoband with her daughter in May 2022, where they experienced forceful conversion from Hinduism to Islam as well as forced thumb impressions being taken for a nikah document written in Hindi that they couldn’t understand; further alleging that she was sexually assaulted by both defendants; also alleging conversion of their minor daughter.
Responding, the accused claimed he was falsely implicated with an intent to cause unnecessary harassment and victimisation of him.
The accused claimed that the woman “gave birth to a daughter from an earlier corporeal relationship and did not marry anyone in it; said daughter is Hindu and has not been converted.” Additionally, since their initial meeting, both were aware of each other’s religious practices as well as marital statuses.
The accused told the Court that he married the lady out of respect for her wishes, in her presence and that of both their families’. Additionally, her daughter had been admitted to one of the best schools of her area.
He told the Court that their names in Aadhaar card were chosen freely and by consent; and that no force or coercion had ever been applied against them in changing them.
After hearing submissions from both parties, the High Court stated that the accused “has unequivocally admitted marrying his victim according to Islamic customs”. Furthermore, no records existed to suggest any application was filed u/s 8 of UP Prohibition of Unlawful Conversion of Religion Act 2021 for conversion of informant to Islam prior to such wedding ceremony as per Muslim rituals.
The High Court denied his bail application on the basis that “each individual has the fundamental right to practice and propagate his religion without interference from authorities, including proselytization attempts by other persons; religious freedom belongs to both those converting and those seeking conversion.”
While hearing a bail plea filed by an accuse charged with both rape and unlawful conversion, Chief Justice Sanjiv Khanna and Justice Sanjay Kumar issued an injunction against Uttar Pradesh police for acting unfairly and inappropriately in this matter. They held that state police applied anti-conversion legislation incorrectly as evidenced by facts on hand.
Counsel for the petitioner informed the bench that this is a consensual relationship where both parties had long known each other; and she has an adult child from an earlier relationship/marriage, but false allegations are being levelled against the petitioner in an effort to put him behind bars. He added that for eight months now he had been in jail “just helping a lady”.
On the other hand, the Uttar Pradesh police asked for more time to file their counter-affidavit due to allegations of gangrape within this case.
Concerned over the application of the anti-conversion Act in this case, Chief Justice Ibrahim observed during hearing: “there is nothing here…you and the state are not being fair in their dealings here…facts speak for themselves…invoking conversion acts is uncalled for; absolutely uncalled for.”
Decision of the Supreme Court After hearing arguments from both sides, the Court observed that the accused had categorically admitted marrying his victim according to Muslim customs and found no indication in record that any application under Section 8 of UP Prohibition of Unlawful Conversion of Religion Act 2021 for conversion had been filed prior to her marriage ceremony as per Islamic rites; hence it granted bail.
The Court granted the state five days to file their counter affidavit and five additional days for any reply filing by the appellant.
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