UP Anti-Conversion Law  !  Shafin Jahan v. Asokan K.M. (2018)

Recently ,  FIRs were filed against the Vice Chancellor and officials of Sam Higginbottom University of Agriculture, Technology and Sciences (SHUATS), Prayagraj, alleging forced religious conversions to Christianity.

• The accused sought quashing of these FIRs filed under the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021 (“UP Anti-Conversion Law”).
• The petitioners contended that the FIRs were false and based on generalized allegations, with no evidence of force, allurement, or coercion.

Court’s Observations:

• The Supreme Court noted that while constitutional validity of the Act was not directly under consideration, certain provisions appeared prima facie burdensome and required deeper judicial scrutiny.
• The Court held that the Act imposes an onerous burden on individuals wishing to adopt another faith by mandating pre- and post-conversion declarations and State interference through mandatory police inquiries.
• The bench observed that publication of personal details of converted persons could violate the right to privacy, protected under Article 21 and reaffirmed in K.S. Puttaswamy v. Union of India (2017).
• The Court reiterated that Article 25 guarantees every person the freedom of conscience and the right to profess, practice, and propagate religion, subject only to public order, morality, and health.

It emphasized that India’s secularism, as enshrined in the Preamble and recognized as part of the Basic Structure in Kesavananda Bharati v. State of Kerala (1973), ensures liberty of thought, belief, faith, and worship.

Referring to Shafin Jahan v. Asokan K.M. (2018), the bench held that individual autonomy in faith, belief, and marriage choices is constitutionally protected, and State interference in such personal matters is impermissible.

The Court also reminded that criminal law must not become a tool for harassment or to persecute individuals for their faith or charitable acts.

Relevant Legal Provisions:

Article 21 – Right to life and personal liberty (includes privacy).

Article 25 – Freedom of conscience and free profession, practice, and propagation of religion.

Preamble – Guarantees secularism and liberty of belief, faith, and worship.

U.P. Prohibition of Unlawful Conversion of Religion Act, 2021 :

Key Provisions and Sections:

The Act comprises 23 sections, with the core provisions centered on prohibition, procedure, and enforcement. Below is a table summarizing the most critical sections:

Final Verdict / Order:

• The Supreme Court quashed the FIRs filed against the Vice Chancellor and officials of SHUATS University, observing absence of evidence of coercion or inducement.
• The bench cautioned that religious gatherings or charitable activities cannot be criminalized under the Anti-Conversion Act.
• The Court observed that some provisions of the UP Conversion Act, 2021, particularly those requiring public disclosure of personal information, may not align with constitutional guarantees of privacy and freedom of religion.
• It left open the question of constitutional validity of the Act for future adjudication, as petitions challenging the law are already pending before the Court.

Summary :

The Supreme Court quashed FIRs against SHUATS officials under the UP Anti-Conversion Law, cautioning that its provisions impose burdensome procedures and may infringe privacy and religious freedom..