The Allahabad High Court ruled that conversion to Islam is valid if done voluntarily, with free will, and by a person of sound mind. The court made this observation while dismissing a plea by Taufik Ahmad, who sought to quash rape and unlawful conversion charges against him.It emphasized that forced or coerced conversions cannot be legally recognized, reinforcing the principle of religious freedom.
The court issued its remarks while dismissing a petition from Taufik Ahmad, who sought to cancel proceedings against him related to charges of rape and the unlawful religious conversion of a Hindu girl to Islam through misrepresentation, as per the UP anti-conversion law.
Justice Manju Rani Chauhan noted in an order dated March 27,
“A conversion of religion by an individual to Islam can be said to be bona fide if he/she is major and of sound mind and embraces Islam by his/her own free will and because of his/her faith and belief in the oneness of God (Allah) and prophetic character of Mohammed.”
The court rejected the petitioner’s argument that a compromise had been reached in the 2021 case. The bench emphasized that any compromise involving a rape case is unacceptable.
The order stated,
“Any compromise or settlement concerning the offence of rape, against the honour of a woman, which shakes the very core of her life and tantamount to a serious blow to her supreme honour, offending both, her esteem and dignity, is not acceptable to this court,”
The court clarified that the purpose of the UP anti-conversion law is to prohibit unlawful conversion from one religion to another through misrepresentation, coercion, undue influence, or fraudulent means.
It asserted that a religious conversion is deemed bona fide only when there is a change of heart and honest conviction in the beliefs of the new faith, as opposed to those of the original religion.
The High Court order concluded,
“Considering the facts and circumstances of the case as well as above stated position of law, the court finds that the alleged offences under section 376 IPC and Section A¾ (1) U.P. Conversion Prevention Act, 2020, are serious in nature and non-compoundable, therefore, the instant proceedings cannot be quashed on the basis of compromise between the parties in exercise of powers conferred under Section 482 CrPC,”
According to the prosecution, an FIR was filed on June 7, 2021, claiming that the victim was befriended on Facebook by one Rahul, alias Mohammad Ayan, who did not reveal his full identity and subsequently pressured her to convert to Islam for marriage.
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The applicant allegedly also sexually exploited her.
Religious conversion in India is governed by constitutional provisions, judicial interpretations, and state-specific laws. While the right to profess and practice any religion is protected, forced or fraudulent conversions are considered unlawful.
1. Constitutional Provisions
- Article 25: Guarantees the freedom of religion, allowing individuals to practice, profess, and propagate their faith. However, this right is subject to public order, morality, and health.
- Article 21: Protects the right to life and personal liberty, which includes the right to choose one’s religion, but does not permit forced conversions.
2. Indian Penal Code (IPC), 1860
- Section 295A: Criminalizes deliberate and malicious acts intended to outrage religious sentiments.
- Section 153A: Prohibits acts that promote enmity between different religious groups.
- Section 365 & 366: Penalizes kidnapping or abduction with the intent to compel marriage or conversion.
- Section 375 & 376: Covers cases where religious conversion is linked to sexual offenses like rape.
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3. The Prohibition of Unlawful Religious Conversion Laws (State-Specific Laws)
Several Indian states have enacted laws to regulate religious conversions and prevent coercion, fraud, or undue influence. These laws typically require individuals intending to convert to inform the district administration in advance. Some key laws include:
- Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021
- Madhya Pradesh Freedom of Religion Act, 2021
- Himachal Pradesh Freedom of Religion Act, 2019
- Uttarakhand Freedom of Religion Act, 2018
- Gujarat Freedom of Religion Act, 2003
- Odisha Freedom of Religion Act, 1967
- Arunachal Pradesh Freedom of Religion Act, 1978
These laws typically criminalize forced religious conversions through misrepresentation, undue influence, allurement, or marriage.
While the law protects the right to convert voluntarily, it also ensures that religious conversions are free from coercion, fraud, or misrepresentation. Courts and state laws continue to uphold the balance between religious freedom and preventing unlawful conversions.