Too harsh, too vague
The law in a 2022 amendment had already imported terms of the most stringent of laws – anti-terror legislation UAPA. So, 'illegal conversion' is a cognisable nonbailable offence, police already need no warrant to arrest, suspicion will suffice, and the burden of proof is on the accused. New amendments increase jail-term to life of 14 years. Similar to UP's law, if convicted of illegal conversion of minors or SC/ST, jail-term may be 20 years or remainder of life. Mass conversion is defined as 'when the religion of two or more persons is converted'. CM Dhami justifies the amendments because allegedly a 'demographic change' is being wrought in the state through 'illegal/forced conversion'. For the record, Uttarakhand population is 83% Hindu, about 14% Muslim, a smattering of Christians and others.
The long arm of the law has stretched into what is legislative and executive overreach. The legislation is to be amended to allow local govt to confiscate property belonging to the accused if there is not evidence, but mere suspicion of 'foreign funds' being involved. DMs can order seizure of any property they have 'reason to believe' is related to alleged conversion. And this can be done '…regardless, whether a court has taken cognisance of such offence.' This, when the burden of proof is already on the accused. There is disquiet in the state about harsh measures being exploited by officials for witch-hunts. A law where anyone can be arrested on mere suspicion of 'intent', where the accused's property can be seized, which places the onus of proving the charges wrong on the accused is at the least a poorly designed legislation. It demands a thorough review, or reversal.
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This piece appeared as an editorial opinion in the print edition of The Times of India.
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