The Allahabad High Court explained that the purpose of the UP Prohibition of Unlawful Conversion of Religion Act, 2021 is to protect religious freedom and secularism in India. While discharging the bail application of Ajeem, Justice Rohit Ranjan Agarwal, in his order on Friday, observed that it is whereas the Constitution confers the right to profess, practice, and propagate one's religion on every citizen; the right of freedom of religion does not include within its ambit a collective right to convert people. The Court held that it is not only the person who is converted who has a right to religious freedom, but also the person who converts.
Ajeem had been booked under sections 323/504/506 IPC and section 3/5(1) UP Prohibition of Unlawful Conversion of Religion Act, 2021 in Badaun district for the alleged forced conversion of a woman to Islam and also sexually harassing her. He then approached the high court for bail and claimed to be innocent, stating that the woman had willingly left her home and confirmed their marriage in statements under sections 161 and 164 of the CrPC.
Opposing the bail plea, the state's counsel produced the statement of the woman wherein she is stated to have said that she was forced to convert to Islam. The Court further held that the case of the prosecution is that the woman was forced by Ajeem and his family members to undergo several Islamic rites, including being made to watch the sacrifice of an animal during Bakrid and having to cook and eat meat. She thus was detained against her will and made to undergo practices abhorrent to her.
It was further noticed that he led no evidence to prove that an application under Section 8 of the 2021 Act, that is declaration before religious conversion, was filed on his behalf. Section 8 requires formal declaration for conversion which Ajeem was unable to show had been obtained. Consequently, the Court, by an order dated 9 August, dismissed the bail application of Ajeem, citing prima facie infringement of Sections 3 and 8 of the Act. Section 3 of the Act disallows religious conversion by misrepresentation, coercion, fraud, or undeclared influence.
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