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Synopsis

The Attorney General for India on Friday informed a division bench of the Supreme Court that no unfair prosecutions were being done under the U.P. Prohibition of Unlawful Conversion of Religion Act, 2021.

AG Venkatramani gave said response on a question being asked by Justice JB Pardiwala if the FIRs under the Act of 2021 were being lodged by aggrieved persons within the meaning of Section 4 and on what grounds.

To this the AG replied saying, "They have broadly alluded to misrepresentation..they were lured..There CANNOT BE PROSECUTION WHICH IS UNFAIR UNDER THIS LAW...".

On the question that the Act passes the burden of proof on the accused to prove that conversion was not coerced, the AG said, "One who intends to convert knows what steps are taken by them, therefore if it is not unlawful, the burden would be easily discharged..". 

To further his point the Attorney General said, "There cannot be a one line FIR saying 'I have been wrongly converted'.. the converted person would have received some benefit...".

This exchange happened during the court's hearing of the writ petitions filed by Vice Chancellor and other officials of the Sam Higginbottom University of Agriculture Technology and Science (SHUATS), accused in an illegal mass religious conversion case.

Notably in December 2023, a vacation bench of the Supreme Court of India had stayed the Allahabad High Court's order directing the Vice Chancellor and other officials of the Sam Higginbottom University of Agriculture Technology and Science (SHUATS) to surrender before the court by December 20, 2023.

The FIR, filed in November 2023, alleged that the victim, a lower-middle-class woman, was lured into Christianity through gifts and clothing, with the accused, including the SHUATS VC, allegedly pressuring her to bring other women for conversion and illegal activities. The victim claimed she was also subjected to regular sexual exploitation.

UP police had vehemently opposed any relief to them alleging that they had received over Rs 34 crores from several foreign countries and used it for illegal conversion.

"During the course of Investigation it has been found that the since 2005 around Rs 34,44,54,855.00 has been received in the FCRA account of SHUATS from various countries including USA, Afghanistan, Japan, Libya Iraq, Germany, Canada, Guyana, Uganda, Ethopia, Bahrain, Netherlands, Phillipines, Rwanda, Sri Lanka, United Kingdom, Australia, Nepal, Bhutan and Nigeria," it had told top court.

Case Title: Rajendra Bihari Lal And Ors vs. The State Of Uttar Pradesh And Ors