New Delhi: A single-judge bench of the Allahabad high court said on Wednesday (September 6) that distributing the Bible, encouraging children to get educated and providing ‘good teachings’ do not amount to ‘allurement’ under Uttar Pradesh’s unlawful conversion law.Justice Shamim Ahmed passed the order after hearing an appeal by Jose Papachen and Sheeja against the rejection of their bail plea back in March this year by a special judge for cases relating to the SC/ST Act.Papachen and Sheeja have been accused of alluring people belonging to the Scheduled Caste and Scheduled Tribe communities into converting to Christianity.Their counsel said they have been in jail since January 24, the same day a first information report (FIR) was filed against them under the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021 and the Schedule Caste and Schedule Tribe (Prevention of Atrocities) Act, 1989.The FIR was filed against them in a police station in UP’s Ambedkar Nagar district based on a complaint by one Zila Manti, who was identified as a member of the Bharatiya Janata Party.UP’s Prohibition of Unlawful Conversion of Religion Act makes it illegal to convert someone by way of ‘allurement’ (among other things).It defines allurement as an “offer of temptation in the form of any gift, gratification, easy money or material benefit … employment, free education in [a] reputed school run by any religious body; or better lifestyle, divine displeasure or otherwise.”Prosecutors in the case alleged that Papachen and Sheeja used “psychological pressure for forceful conversions as part of their plan to set up [a Christian state]” and allured people by “undue influence” to convert to Christianity.The court also recorded Zila Manti’s allegation that the Scheduled Caste and Scheduled Tribe communities who Papachen and Sheeja allegedly tried to convert became “annoyed” by their attempts.Also Read: No Country for Religious ConvertsThe villagers in question gave their statements, which were recorded during their police examination as witnesses, saying that Papachen and Sheeja “used to give them good teachings … distribute Holy Bible books to them … [and] encourage them to get their children educated,” and instructed them not to fight and consume alcohol.After hearing these statements, the court ruled that these activities did not constitute allurement under UP’s unlawful conversion law and granted bail to Papachen and Sheeja.Besides, Justice Ahmed also noted that under the section of this law concerning allurement, only the aggrieved person(s) or their relatives can lodge a complaint.“… Further considering that the complainant is Zila Mantri of a ruling party and is neither the aggrieved person, his/her parents, brother, sister or any other person, who is related to him/her by blood, marriage or adoption, as provided under Section 4 of the [Unlawful Conversion Act], thus the complainant is not competent to lodge the present FIR,” his order said.UP’s legislature enacted the unlawful conversion law in 2020 as an ordinance in response to what the ruling BJP calls ‘love jihad’.The Act also criminalises marriages done for the “sole purpose of unlawful conversion or vice versa”.It has been used multiple times in the recent past to stop consenting inter-faith couples from being together and getting married.Right-wing Hindu vigilantes have been at the forefront of disrupting these marriages, and several Muslim men have faced jail time even when their partners have made clear that they consented to the relationship and were not forced to convert.
