The Uttar Pradesh Police was admonished by the Supreme Court for applying the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021 in an alleged rape case, without any evidence present.
Facts of the Case-
- According to the order of the High Court, the woman who hailed from West Bengal explained that she started living in Deoband in May 2022 with her daughter. According to her, in addition to conversion from Hinduism to Islam, her thumb impressions were forcefully taken on the ‘nikah’ document which was in Hindi, which she is unable to understand, further claiming that she was gangraped by the accused and the co-accused, also claiming about the alleged conversion of her minor daughter.
- In reply to which the accused claimed that he was “ falsely implicated… with a view to cause unnecessary harassment and to victimise him”.
- The accused claimed that the woman “had given birth to a baby girl from her earlier corporeal relationship with some other person and was not married to him. The said baby girl from her earlier relationship is a Hindu and has not been converted.” He further commented that since the start of their relationship, the woman was aware of his religion as well as his marital status.
- The accused told the Court that he married the lady, “out of her wish, that too, in the presence of the family members of both the parties” and had her “daughter… admitted in the best school of the area…”
- He told the Court that “the names of the” woman “and her daughter in the Aadhaar card are according to her own free will and consent” and that he “had never compelled them to change their names.”
- The HC, after having the submissions from both parties, expressed that the accused “has categorically admitted the fact that he had married the victim as per the Muslim customs”. “There is nothing on record to suggest that any application was moved u/s 8 of the UP Prohibition of Unlawful Conversion of Religion Act, 2021, for conversion of the informant to Islam before the said marriage ceremony as per Muslim rites.”
- Denying his bail application, the HC held that “the Constitution confers on each individual the fundamental right to profess, practice and propagate his religion. However, the individual right to freedom of conscience and religion cannot be extended to construe a collective right to proselytise, the right to religious freedom belongs equally to the person converting and the individual sought to be converted.”
- The Bench of Chief Justice of India Sanjiv Khanna and Justice Sanjay Kumar, while hearing a bail plea filed by an accuse of alleged rape as well as unlawful conversion, admonished the Uttar Pradesh police for acting in a biased manner. The Court held that the state police had applied the anti-conversion law in this case in a wrong manner, as the facts spoke for themselves.
- The counsel for the petitioner explained to the Bench that “this is a case of a consensual relationship where the parties were known to each other for a long time and the complainant/victim has a child from an earlier relationship/marriage, but wrong allegations are being made to put the petitioner behind bars.” Explaining the situation further, the petitioner told the Bench that for the last eight months he had been in jail…“for just helping a lady”.
- On the other hand, the UP police sought time to file a counter-affidavit on the grounds that the case includes charges of gangrape as well.
- While questioning the application of the anti-conversion Act in the present case, the CJI observed during the hearing, that “there is nothing in it….you are not being fair in this, the state is not being fair in this….facts speak for themselves. And invoking the conversion Act? Uncalled for! absolutely uncalled for.”
Decision of the Supreme Court
After going through the submissions from both the parties, the Court observed that the accused “has categorically admitted the fact that he had married the victim as per the Muslim customs”. “There is nothing on record to suggest that any application was moved u/s 8 of the UP Prohibition of Unlawful Conversion of Religion Act, 2021, for conversion of the informant to Islam before the said marriage ceremony as per Muslim rites,” thereby allowing the bail.
The Court gave the state a period of five days to file a counter affidavit and further five days afterwards for the appellant to file any rejoinder affidavit.
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