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Synopsis

The Allahabad High Court recently rejected bail application of one Maulana Mohd Shane Alam who is accused of forcibly converting a woman to Islam and performing her Nikaah (marriage ceremony) without her consent.

Alam had sought relief from the court pending trial in a case registered under Section 3/5(1) of U.P. Prohibition of Unlawful Conversion of Religion Act, 2021 at Ankur Vihar police station in Ghaziabad. However, the bench of Justice Rohit Ranjan Agarwal, in his order dated August 20, 2024, found prima facie evidence against Alam, deeming him a "Religion Convertor" under the stringent anti-conversion law 'the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021'.

Alam, who has been in jail since June 2024, argued that he merely conducted the marriage ceremony and had no involvement in any forced conversion. His counsel, Advocate Nand Kishor Mishra, presented the Nikaahnama dated March 11, 2023, to support this claim, asserting that Alam’s role was limited and devoid of any coercion. He also stressed that Alam had no criminal history.

However, the prosecution counsel Advocate Sunil Kumar, countered these claims by highlighting the victim’s statement under Section 164 of the Criminal Procedure Code. According to the prosecution, the victim, who was working in a company, accused Amaan, the man she was married to, of physical exploitation and coercion into accepting Islam. The prosecution further alleged that Alam, by conducting the Nikaah, facilitated the forced conversion, making him complicit under the Act.

The single judge bench noted that the statement of objects and reasons for enacting the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021 was to sustain the spirit of secularism in India.

The Constitution of India guarantees the religious freedom to all persons which reflects the social harmony and spirit of India. According to the Constitution, State has no religion and all religions are equal before the State and no religion shall be given preference over the other. All persons are free to preach, practice and propagate any religion of their choice. Constitution confers on each individual the fundamental right to profess, practice and propagate his religion, court highlighted.

However, it underscored that in the recent past many such examples came to light where gullible persons were converted from one religion to another by misrepresentation, force, undue influence, coercion, allurement or by fraudulent means.

Court also clarified that "Religion Convertor" means a person of any religion who performs any act of conversion from one religion to another religion and by whatever name he is called such as Father, Karmkandi, Maulvi or Mulla etc.

Therefore, noting that the victim in her statement recorded under Section 164 Cr.P.C. had categorically submitted that she was forced to accept 'Islam' and Nikaah was performed, court dismissed the accused's bail plea. 

Case Title: Mohd Shane Alam v. State of U.P