The PIL highlights the problem of non-compliance of section 4 of the Uttar Pradesh Anti-Conversion law that lays that only “aggrieved person” or someone related to him/her by blood, marriage or adoption may lodge an FIR against illegal conversion. The definition given under section 3 of this Act is very broad and vague and section 7 of this act makes the illegal conversion of religion as a non-bailable and cognizable offence which makes police officers to lodge the complain by any third party under section 154(1) and 156(1) Cr.P.C ignoring the specific and mandatory requirement under section 4 of the Act. Moreover section 12 of this Act places burden of proof upon the person accused of contravening the provisions of section 3. Thus this legal provision coupled with section 7 leads to immediate arrest of the accused person merely upon the allegations set out in the FIR.

As a result any person seeking vendetta upon another person may lodge an FIR under the provision of this Act leading to immediate arrest of accused and gross violation of his legal rights. This PIL aims not to question the validity of this Act but to ensure the strict compliance of section 4 of this Act and to cancel all the illegal FIR s registered against innocent people that is against the provisions of section 4 of the act. This will not only protect the legal and fundamental rights of people like the freedom of propagation of religion but also will stop the weaponization of this anti-conversion law.

Written and submitted by – Jayati Dwivedi
B.A. LL.B, University of Allahabad.