by Sanjay Saxena
Lucknow: The recent decision by the Allahabad High Court to deny bail to a Mullah involved in a case related to religious conversion is an eye-opener for those who covertly support love jihad and religious conversion while exploiting legal loopholes to escape punishment. The court recognized that pressuring someone to accept Islam and then facilitating their marriage is prima facie an offense of religious conversion. With this observation, the High Court dismissed the bail plea of the Mullah who performed the marriage. Although Justice Rohit Ranjan Agarwal issued this order in a specific case (the petition of Mullah Mohammad Shane Alam from Ankur Vihar, Ghaziabad), its impact will be far-reaching.
The court rightly pointed out that the victim, who works in a company, testified that Aman pressured her to change her religion and then arranged her marriage. The petitioning Mullah created the marriage certificate without obtaining the district magistrate’s permission, which is a punishable offense. Under Section 8 of the Uttar Pradesh Prohibition of Unlawful Religious Conversion Act, 2021, action can be taken against anyone who forcibly, fraudulently, or deceitfully converts someone’s religion. The Mullah argued that he merely facilitated the marriage and had no role in the conversion. However, the victim stated that she was physically exploited, pressured by Aman to accept Islam, and forced into marriage.
The court noted that the Constitution of India grants every individual the fundamental right to practice and propagate their religion. It also guarantees religious freedom to all individuals, reflecting India’s social harmony and ethos. According to the Constitution, the state has no religion, and all religions are equal before the state. No religion can be given preference over another.
However, in recent times, several instances have come to light where innocent people have been converted from one religion to another through misrepresentation, coercion, undue influence, force, inducement, or fraud. This case seems to be of a similar nature. Under the Act, the petitioner will be considered as someone who facilitated religious conversion by forcing the marriage, and therefore, cannot be granted bail. In summary, it can be said that the law introduced by the Yogi government against love jihad is beginning to show its effects.
