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Uttarakhand's Stricter Anti-Conversion Law
«26-Aug-2025
Source: Indian Express
Introduction
Uttarakhand has taken a significant step towards tightening its religious conversion laws with the Cabinet's approval of the Freedom of Religion (Amendment) Bill, 2025. This amendment represents a substantial shift in the state's approach to regulating religious conversions, introducing harsher penalties and expanding the scope of what constitutes illegal conversion. The move follows political debates about interfaith relationships and demographic changes. The ruling government says it is "protecting" religious freedoms, but critics argue it may violate constitutional rights.
What Does the Uttarakhand Bill Actually Say?
- The Freedom of Religion (Amendment) Bill, 2025 introduces sweeping changes that significantly expand the state's power to regulate religious conversions.
- The legislation defines "allurement" broadly to include any gift, gratification, easy money, material benefits, employment opportunities, or even invoking divine displeasure to influence conversion decisions.
- Under the new framework, fraudulent conversions will attract imprisonment ranging from three to ten years along with a minimum fine of ₹50,000.
- The punishment becomes more severe when victims belong to vulnerable categories - minors, women, Scheduled Castes/Scheduled Tribes, or persons with disabilities face enhanced penalties of five to fourteen years imprisonment with fines of at least ₹1 lakh.
- The Bill introduces novel concepts of digital conversion, making it illegal to incite or conspire for religious conversion through electronic means including emails, instant messaging, and social networking platforms.
- This provision acknowledges the modern reality of online influence and community building.
- Mass conversions, defined as involving two or more people, now carry sentences of seven to fourteen years with minimum fines of ₹1 lakh.
- The legislation mentions about foreign funding concerns, prescribing seven to fourteen years of rigorous imprisonment and fines of at least ₹10 lakh for conversions involving foreign or banned funding sources.
- Perhaps most controversially, the Bill criminalizes concealing one's religion with the intention of marriage, carrying penalties of three to ten years imprisonment and ₹3 lakh in fines.
- This provision directly targets interfaith relationships, particularly those labelled under the contentious term "love jihad."
- The most severe penalties - twenty years to life imprisonment - are reserved for conversions involving threats, assault, trafficking, or marriage as a "ploy," with additional provisions for covering victims' medical costs and rehabilitation expenses.
What were the Previous Laws Like?
- The original Uttarakhand Freedom of Religion Act of 2018 established the foundational structure for regulating religious conversions in the state.
- This initial legislation prescribed imprisonment up to five years for anyone convicted of "forced or fraudulent" religious conversion through coercion, incitement, or allurement.
- The 2022 amendment marked the first significant expansion of these provisions, raising minimum sentences to at least two years and extending maximum terms to seven years for general conversion offenses.
- For conversions involving minors, women, or SC/ST individuals, the punishment ranged from two to ten years with minimum fines of ₹25,000.
- The 2022 version also introduced the controversial concept of "mass conversion" applying to two or more people, carrying three to ten years imprisonment with minimum fines of ₹50,000.
- It expanded the definition of who could file complaints to include parents, siblings, and anyone related by blood, marriage, or adoption.
- One of the most contentious 2022 provisions required converted persons to submit detailed declarations to the District Magistrate within 60 days, including personal information, conversion details, and reasons.
- These declarations were publicly displayed for objections, creating a bureaucratic and potentially intimidating process for legitimate conversions.
- The 2022 amendment also made all offenses under the Act cognizable (allowing arrest without warrant) and non-bailable, significantly increasing the law's enforcement potential and the vulnerability of accused persons.
What are the Major Changes in 2025?
- The 2025 changes make Uttarakhand's anti-conversion law much tougher than before. The state has borrowed many ideas from Uttar Pradesh's similar law passed in 2024. The biggest change is that punishments are now much more severe for all types of conversion offenses.
- Now the law also covers online activities. If someone tries to convince people to change their religion through WhatsApp, Facebook, email or any other digital platform, they can be arrested.
- While this keeps up with modern times, it also means the government could monitor people's online conversations more closely.
- The new law makes it illegal to speak badly about one religion while praising another. It also bans showing any religion's customs or ceremonies in a poor light compared to other religions.
- However, these rules are quite vague and could be misused to stop people from having honest discussions about religion.
- One major change is that District Magistrates can now take away someone's property if they think it was gained through illegal conversion activities.
- The accused person has to prove their property is legitimate, which is the opposite of how criminal cases usually work where the government has to prove someone is guilty.
- On a positive note, the law now provides better help for victims. They get free lawyers, housing, medical care, and their names are kept secret. A special government program ensures victims get help immediately.
- Getting bail has become much harder. Even if someone wants bail, the court must be convinced that the person is innocent and will never commit such crimes again before releasing them.
Conclusion
The Uttarakhand Freedom of Religion (Amendment) Bill, 2025 represents one of India's most comprehensive and stringent approaches to regulating religious conversions. While proponents argue it protects vulnerable populations from exploitation and preserves religious harmony, critics contend it may infringe upon constitutional rights to religious freedom and choice. The legislation's broad definitions, harsh penalties, and procedural innovations will likely face judicial scrutiny and constitutional challenges. As Uttarakhand prepares to implement these changes, the balance between protecting individual rights and maintaining social harmony remains a critical consideration in India's complex religious and political landscape.