U.P. Governor gives assent to ordinance on ‘illegal conversion’
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Legislation gives for penalties of up to 10 years in jail if conversion is discovered to be effected for marriage or via pressure
The Uttar Pradesh ordinance on illegal conversion was promulgated after the approval of Governor Anandiben Patel, officers stated on Saturday.
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The Uttar Pradesh Prohibition of Unlawful Conversion of Religion Ordinance, 2020, was cleared by the State Cabinet earlier this week and promulgated on November 27.
The ordinance makes spiritual conversion a cognisable and non-bailable offence inviting penalties of up to 10 years in jail if discovered to be effected for marriage or via misrepresentation, pressure, undue affect, coercion, allurement or different allegedly fraudulent means.
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Violation of the provisions of the legislation would invite a jail time period of not lower than one yr, extendable to 5 years, with a high-quality of ₹15,000. However, if a minor, a girl or particular person belonging to the Scheduled Caste or Scheduled Tribes communities was transformed via the stated illegal means, the jail time period can be a minimal of three years and may very well be prolonged to 10 years with a high-quality of ₹25,000.
The ordinance, handed by the State Cabinet, additionally lays down strict motion towards mass conversions, which might invite a jail time period of not lower than three years and up to 10 years and a high-quality of ₹50,000.
The courtroom shall additionally grant acceptable compensation payable by the accused to the sufferer of stated conversion, which can prolong to a most of ₹5 lakh, stated the ordinance.
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The ordinance says any marriage executed with the only objective of “unlawful conversion or vice-versa” by a person of 1 faith with a girl of one other faith, both by changing himself/herself earlier than or after marriage, or by changing the lady earlier than or after shall be declared void.”
One who wishes to convert his or her faith shall give a declaration in a prescribed type a minimum of 60 days prematurely to the District Magistrate (DM) or Additional District Magistrate (ADM) that she or he needs to convert on his or her personal and together with his or her free will with none pressure, coercion, undue affect or allurement. Violation of this provision may land an individual in jail for 3 months to three years.
Any spiritual convertor who performs ceremony for changing any particular person of 1 faith to one other faith shall give one month’s advance discover in a prescribed type to the DM or ADM. Violation of this provision would invite a jail time period of 1 to 5 years.
The ordinance additional stated that the burden to show {that a} conversion was not executed via misrepresentation, pressure, undue affect, coercion, allurement, fraudulent means or for marriage can be on the one that brought on the conversion or the one that facilitated it.
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