On Tuesday, the Allahabad High Court made a significant ruling regarding religious freedom and conversion. The court observed that while individuals have the right to practise and propagate their religion, this does not extend to a collective right to convert others. This ruling came as the court rejected the bail plea of a man accused of forcibly converting a girl to Islam and sexually exploiting her.
The court highlighted that the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021, is designed to ensure religious freedom and uphold secularism. This Act aims to maintain social harmony by preventing unlawful conversions.
Justice Rohit Ranjan Agarwal, who led the bench, emphasised that while the Constitution guarantees individuals the freedom to profess their religion, this right does not allow for collective efforts to convert others.
The case involved a petitioner named Azeem, who is accused of pressuring a girl into accepting Islam and then exploiting her. He faces charges under various sections of the Indian Penal Code and the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021.
Azeem claimed that he was being falsely accused and argued that the girl, who was his partner, had left her home voluntarily. He also said that their marriage was confirmed by statements she made during the investigation.
The prosecution, however, argued against the bail, pointing to the girl’s statements under Section 164 of the CrPC, which described coercion and a marriage that occurred without conversion.
The court noted that the girl’s testimony indicated she was pressured to convert and participate in Islamic rituals, including animal sacrifice on Bakrid. She claimed to have been held captive and forced into these practices by Azeem and his family.
The court found that Azeem had not provided evidence to prove that the conversion was legally sanctioned or that the appropriate application under Section 8 of the 2021 Act was filed. Given these considerations, the court dismissed Azeem’s bail application, noting that there was a prima facie violation of the Act.
This decision reinforces that while religious freedom is protected, it does not include the right to coerce others into conversion, underscoring the importance of respecting individual rights and legal processes in matters of faith.
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