Legal AcharyaProviding you with Lawgical Knowledge!
Legal Acharya
Various incidents when the Court displayed Judicial Activism.
PROTECTING RIGHT TO PRIVACY WHILE TACKLING COVID 19:
The story of UP'S "Love Jihad":is it against the freedom of choice? 2020
INCREASE IN CYBERCRIME AMIDST THE COVID 19 PANDEMIC:
Medical Negligence and Its Compensation in India
Jai Laxmi Salt Works Ltd. v. State of Gujarat 1994 (3) SCC 492
Jaya Singh - January 18, 2021 0
Facts: - The State of Gujarat in the year 1954 plan for the restoration...
Tukaram and Another v. State of Maharashtra
AnshikaSharma - January 16, 2021 0
OVERVIEW: The infamous case of Tukaram vs the state of Maharashtra also known as the Mathura Rape Case activated...
Sarla Mudgal vs. Union of India AIR 1995 SC 152
Surbhi - January 11, 2021 0
Sarla mudgal vs. Union of India Citation: AIR 1995 SC 152 - Bigamy - Uniform Civil Code UCC Introduction:...
Addressing Gender Injustice: VINEETA SHARMA VS. RAKESH SHARMA 2020
Angana Khatoniar - January 10, 2021 0
INTRODUCTION: VINEETA SHARMA VS. RAKESH SHARMA VINEETA SHARMA VS. RAKESH SHARMA - Hindu Succession Act,2005 r
Home Unlawful religious conversion will attract punishment – Uttar Pradesh introduces ordinance.
Unlawful religious conversion will attract punishment – Uttar Pradesh introduces ordinance.
Abhishek Roy
Andandiben Patel, the Governor of Uttar Pradesh has given her approval to an ordinance on unlawful/ dishonest religious conversion called, Uttar Pradesh Prohibition of Unlawful Conversion of Religion Ordinance, 2020.
The said ordinance has been a subject of controversies and intense debates pertaining to its implications on inter faith marriages.
Section 3, one of the key provisions of the ordinance, prohibits conversion from one religion to another by misrepresentation, undue influence, allurement, coercion or by marriage. Section 2 (a) defines allurement as temptation in form of gift, easy money, employment, free education, better lifestyle, pleasure or otherwise.
Section 5 states that any person guilty under section 3 of the said act will be punishable with 1 to 5 years of imprisonment and fine of up to Rs. 15, 000. If the said conversion was to a minor, woman or persons belonging to SC/STs then the act will be punishable with 2 to 10 years with fine of up to Rs. 25,000. If a person commits offence under section 3 for the second time then it will be punishable with double the punishment prescribed.
The most debated aspect is section 6 which states that a marriage done with the sole purpose of unlawful conversion a person's religion shall be declared void.
The said ordinance does not affect inter faith marriages nor conversion by one's own will, as stated in section 8 and 9. These sections provides procedures to follow to convert ones religion. It includes giving a notice to the district magistrate 60 days in advance and the same to the religion convertor stating the free will of the person devoid of coercion, undue influence, or allurement. Thereafter the police shall inquire about the intention and purpose of the said conversion. Section 9 lays down procedure and declaration after conversion.
The burden of proof as to whether the said conversion occur due to misrepresentation, coercion, allurement or undue influence or any other fraudulent means lies on the person who has caused such conversion. Section 12 stated that the burden of proof lies on the accused.
~ Abhishek Roy
Previous articleDisclosure of 'Country of origin' is of utmost importance – Amazon fined Rs. 25,000.
Next articlePersonal Liberty upheld – Criminal law should not be a tool to suppress the citizens, Supreme Court
An online Legal platform, where you can find the nuances of all important legal provisions as well as burning legal issues.
The rift between the Governor and the Chief Minister
Governance Abhishek Roy - January 2, 2021 0
Controversies between Governor & CM Over the years the position and the rift of powers of the governor and...
Revealing Doctrine of Stare Decisis
Judiciary Pritish Deshpande - December 29, 2020 0
Meaning of Doctrine of Stare Decisis- The Doctrine of Stare Decisis means let the decision stand in its...
Cooperative and Competitive Federalism in India 2020
Constitution SEJAL - December 7, 2020 0
Federalism is derived from the Latin world foedus, which means agreement. In fact federation is an agreement between two types of governments...
Loan of Three Lakh rupees for Lawyers affected due to Lockdown-Supreme Court directs Solicitor General to hold meeting with BCI
Abhirash Sharma - January 15, 2021 0
The Supreme Court asked Solicitor General Tushar Mehta to hold a meeting in order to discuss the...
Apex court stays implementation of three farm laws.
Vishaka - January 15, 2021 0
Last year, Central Government came out with an ordinance in June 2020, and then, in its monsoon...
Allahabad Court order:Special Marriage Act,1954
Marriage is said to be the union of two people out of their free will, a social...
Law Criminal24
Constitution23
Know Your Rights16
Law Tort16
© Legal Acharya