Allahabad, August 15, 2024 — In a significant ruling, the Allahabad High Court on Tuesday denied bail to a man accused of forcing a girl to convert to Islam and sexually assaulting her. The court emphasized that Uttar Pradesh’s stringent anti-conversion law is designed to uphold the spirit of secularism and protect religious freedom.
Court’s Observations on the Anti-Conversion Law
Justice Rohit Ranjan Agarwal, presiding over the single-judge bench, stated that the Prohibition of Unlawful Conversion of Religion Act, 2021 aims to ensure religious freedom for all individuals, reflecting the nation’s commitment to social harmony. “The purpose of this Act is to uphold the spirit of secularism in India,” the judge remarked.
While acknowledging that the Constitution guarantees every individual the right to profess, practice, and propagate their religion, Justice Agarwal clarified that this right does not extend to a ‘collective right’ to convert others. “Religious freedom is equally available to both: the person converting and the one being converted,” he added.
The Case Against the Accused
The accused, identified as Azeem, was booked under Sections 3/5(1) of the Prohibition of Unlawful Conversion of Religion Act, 2021 and various sections of the Indian Penal Code (IPC). He claimed that the allegations were false and that the girl had voluntarily entered into a relationship with him. Azeem further asserted that they were married, and the girl had confirmed their marriage in statements recorded under Sections 161 and 164 of the CrPC.
However, the government’s counsel strongly opposed the bail plea, citing the girl’s statement under Section 164 of the CrPC, where she mentioned being pressured to convert to Islam. The statement also indicated that the marriage occurred without her conversion to the religion.
Key Court Observations
The bench highlighted crucial aspects of the case, noting that the informant had clearly stated in her CrPC Section 164 statement that she was pressured by the petitioner and his family to accept Islam. She also alleged that she was forced to perform certain Islamic rituals against her will.
Given these observations, the court rejected Azeem’s bail plea, underscoring the seriousness of the charges and the importance of the state’s anti-conversion law in maintaining religious freedom and secularism.
