Context:

Recently, the Allahabad High Court has clarified that the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021 does not prohibit interfaith marriages or live‑in relationships between consenting adults in the absence of any act of religious conversion.

Key Findings of the Allahabad High Court:

• • • No Bar on Consensual Personal Relations: The Court held that the anti‑conversion law does not prohibit interfaith marriage or live‑in relationships between consenting adults where there is no evidence of unlawful conversion.
    • Conversion Requirement Critical: For the Act to apply, there must be clear proof of force, coercion, fraud, allurement, or misrepresentation in the act of conversion; mere interfaith personal relationships do not meet this threshold.
    • Fundamental Rights Protection: The judgment underscored that the right to choose a partner and the right to life and personal liberty under Article 21 of the Constitution cannot be curtailed on the basis of religion alone.
    • Equality Before Law: The Court noted that if same‑religion adults can live together without legal sanctions, interfaith adults must have the same right under Articles 14 and 15.
    • Police Protection: Police were directed to consider applications for protection from threatened couples and act to safeguard their life and liberty in accordance with law.

Significance of the Judgment:

• • • Clarification of Legal Scope: The ruling distinguishes between the anti‑conversion law’s objective of governing unlawful religious conversions and the constitutional freedoms of adult individuals in personal relationships.
    • Reaffirming Fundamental Freedoms: It reinforces core constitutional protections, especially autonomy, dignity, equality, and freedom of choice in personal matters.
    • Protection from Social and Legal Harassment: The order affirms that consensual choices in interfaith relationships cannot be criminalised or unduly constrained through the anti‑conversion statute.

About the Uttar Pradesh Anti‑Conversion Law:

The Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021 is a state anti‑conversion law enacted to prohibit religious conversions obtained through force, fraud, coercion, allurement or other unlawful means. It came into effect after being passed by the Uttar Pradesh Legislature and assented to by the Governor in March 2021.

Key features of the Act include:

• • • Prohibition of Unlawful Conversion: It makes it an offence to convert or attempt to convert a person from one religion to another by use of misrepresentation, force, coercion, undue influence, allurement, or any fraudulent means.
    • Prior Notice and Inquiry: The Act requires individuals who wish to convert to another religion, and religious functionaries solemnising such conversions, to give prior notice to the District Magistrate, who then conducts an inquiry into the genuineness of the conversion.
    • Penalties: Unlawful conversions are punishable under the Act and, following subsequent amendments, offences are generally made non‑bailable. Punishment initially ranged up to 10 years’ imprisonment with fines, and amended provisions in 2024 allow for heavier penalties — including rigorous imprisonment ranging from 20 years to life imprisonment in cases involving threats, force, or marriage for conversion.
    • Mass Conversions: The Act also criminalises mass conversions and provides for proscribed penalties in such cases.