DEHRADUN: Uttarakhand cabinet on Wednesday gave its nod to a strict Uttarakhand Freedom of Religion (Amendment) Bill, 2025, which provides for a maximum punishment of life imprisonment and fine of up to Rs 10 lakh for " forced conversion ". The govt is likely to table the bill in the House, where they have a strong majority, for approval during the three-day monsoon session of assembly commencing on Aug 19.
At present, the maximum jail term for such an offence is 10 years and the highest fine is Rs 50,000. The new bill proposes to raise the jail term to 14 years, and, in some cases, to 20 years which may even extend to life imprisonment. Arrests can be made without a warrant and the DM can seize properties acquired through crimes related to conversion.
CM Pushkar Singh Dhami told TOI on Wednesday hours after the cabinet decision: "Uttarakhand is Devbhoomi (the land of Gods) and a place where holy saints through the ages came and meditated. In the last few years, there have been instances of demographic changes under the guise of illegal conversions. The proposed amendment is a major step on our part to ensure that the social fabric of the Himalayan state is not changed. Therefore, we have come up with stringent measures to check the illegal practice."
Proposal: All offences under new provisions shall be non-bailable
According to the cabinet's proposal, "Whoever receives funds from foreign or (other) entities concerning unlawful religious conversion shall be punished with rigorous imprisonment for a term not less than seven years and which may extend up to 14 years, and shall also be liable to a fine not less than Rs 10 lakh." It further states, "Whoever, with the intent to convert, instils fear for life or property, assaults or uses force, promises marriage or incites or conspires for such conversion, or traffics a minor woman or person or otherwise sells them, or attempts or conspires for this purpose, shall be punished with rigorous imprisonment for a term not less than 20 years and which may extend to life imprisonment, meaning imprisonment for the remainder of that person's natural life, and shall also be liable to a fine."
As per the new provisions, concealing religion for marriage is a crime, and offenders could face three to 10 years in prison and a fine of Rs 3 lakh. On "mass conversion", the document says it will attract imprisonment of not less than seven years and up to 14 years, and shall be liable to a fine not less than Rs 1 lakh.
Concerning "a minor, woman or a person belonging to a Scheduled Caste or Scheduled Tribe, or a disabled or mentally challenged person", the punishment shall be imprisonment not less than five years, which may extend up to 14 years and liable to a fine not less than Rs 1 lakh. For general cases, the jail term would range from three years to 10 years and a fine of Rs 50,000.
All offences under the new provisions shall be cognizable and non-bailable and triable by a sessions court. Arrests can be made without a warrant and bail will only be granted if the court is convinced the accused is not guilty and will not repeat the offence. As per the proposal, if any property is acquired through crimes related to conversion, the DM can seize it.
The provision mentions: "If the DM has reason to believe that any property in possession of a person, whether movable or immovable, was acquired as a result of an offence under this Act, they may order the seizure of such property, regardless of whether a court has taken cognisance of such offence.
"Provisions of the Indian Civil Protection Code shall apply to every such seizure, with necessary modifications. Notwithstanding the provisions of the Code, the district magistrate may appoint an administrator for any property seized under subsection (1) and the administrator shall have all powers to manage it in the best interest of such property. The district magistrate may arrange for police assistance for the proper and effective management of such property by the administrator."
The amendment has also redefined "inducement", which now means and includes offering any of the following: "Any gift, gratification, easy money, or material benefit in cash or kind. Employment, free education in a school or college run by a religious institution, or a promise to marry or a better lifestyle, divine displeasure or otherwise. Portraying the practices, rituals and ceremonies of one religion in a harmful manner concerning another religion, or glorifying one religion against another."
At present, the maximum jail term for such an offence is 10 years and the highest fine is Rs 50,000. The new bill proposes to raise the jail term to 14 years, and, in some cases, to 20 years which may even extend to life imprisonment. Arrests can be made without a warrant and the DM can seize properties acquired through crimes related to conversion.
CM Pushkar Singh Dhami told TOI on Wednesday hours after the cabinet decision: "Uttarakhand is Devbhoomi (the land of Gods) and a place where holy saints through the ages came and meditated. In the last few years, there have been instances of demographic changes under the guise of illegal conversions. The proposed amendment is a major step on our part to ensure that the social fabric of the Himalayan state is not changed. Therefore, we have come up with stringent measures to check the illegal practice."
Proposal: All offences under new provisions shall be non-bailable
According to the cabinet's proposal, "Whoever receives funds from foreign or (other) entities concerning unlawful religious conversion shall be punished with rigorous imprisonment for a term not less than seven years and which may extend up to 14 years, and shall also be liable to a fine not less than Rs 10 lakh." It further states, "Whoever, with the intent to convert, instils fear for life or property, assaults or uses force, promises marriage or incites or conspires for such conversion, or traffics a minor woman or person or otherwise sells them, or attempts or conspires for this purpose, shall be punished with rigorous imprisonment for a term not less than 20 years and which may extend to life imprisonment, meaning imprisonment for the remainder of that person's natural life, and shall also be liable to a fine."
As per the new provisions, concealing religion for marriage is a crime, and offenders could face three to 10 years in prison and a fine of Rs 3 lakh. On "mass conversion", the document says it will attract imprisonment of not less than seven years and up to 14 years, and shall be liable to a fine not less than Rs 1 lakh.
Concerning "a minor, woman or a person belonging to a Scheduled Caste or Scheduled Tribe, or a disabled or mentally challenged person", the punishment shall be imprisonment not less than five years, which may extend up to 14 years and liable to a fine not less than Rs 1 lakh. For general cases, the jail term would range from three years to 10 years and a fine of Rs 50,000.
All offences under the new provisions shall be cognizable and non-bailable and triable by a sessions court. Arrests can be made without a warrant and bail will only be granted if the court is convinced the accused is not guilty and will not repeat the offence. As per the proposal, if any property is acquired through crimes related to conversion, the DM can seize it.
The provision mentions: "If the DM has reason to believe that any property in possession of a person, whether movable or immovable, was acquired as a result of an offence under this Act, they may order the seizure of such property, regardless of whether a court has taken cognisance of such offence.
"Provisions of the Indian Civil Protection Code shall apply to every such seizure, with necessary modifications. Notwithstanding the provisions of the Code, the district magistrate may appoint an administrator for any property seized under subsection (1) and the administrator shall have all powers to manage it in the best interest of such property. The district magistrate may arrange for police assistance for the proper and effective management of such property by the administrator."
The amendment has also redefined "inducement", which now means and includes offering any of the following: "Any gift, gratification, easy money, or material benefit in cash or kind. Employment, free education in a school or college run by a religious institution, or a promise to marry or a better lifestyle, divine displeasure or otherwise. Portraying the practices, rituals and ceremonies of one religion in a harmful manner concerning another religion, or glorifying one religion against another."
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