Lucknow/Prayagraj: The Allahabad High Court has taken a rare and critical stance against law enforcement in Uttar Pradesh after police officials mistakenly invoked the Chhattisgarh Freedom of Religion Act, 1968 in an FIR and subsequent chargesheet in a conversion case — instead of applying the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021 (commonly referred to as UP’s anti-conversion law).
The bench, led by Justice Rajeev Singh, returned the erroneous chargesheet to the Superintendent of Police and has urged disciplinary action and remedial steps, flagging this as a significant procedural lapse by the police.
Background of UP Police Wrong Law Conversion Case
Anti-conversion laws in India exist at the state level in several states, including Uttar Pradesh, Chhattisgarh, Madhya Pradesh, Uttarakhand and others.
These laws aim to regulate religious conversions alleged to be undertaken by force, fraud, undue influence, allurement or coercion.
Key Features of Anti-conversion law in UP
Here are the key features of Anti-conversion law in UP;
The Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021
- Prohibits conversion by misrepresentation, force, undue influence and allurement, including marriage whenever it is not a matter of free and voluntary choice.
- Contains stringent provisions including potential imprisonment of up to a decade.
- Requires careful factual investigation given its penal nature and constitutional implications.
By contrast, the Chhattisgarh Freedom of Religion Act, 1968 — the law incorrectly cited — applies only within the territorial limits of Chhattisgarh and is not enforceable in Uttar Pradesh. This makes its invocation in a UP case legally untenable and undermines the rule of law.
What is UP Police Wrong Law Conversion Case
UP police registered the First Information Report (FIR) and subsequently filed a chargesheet in a conversion case.
However, both documents wrongly referenced the Chhattisgarh Freedom of Religion Act instead of the applicable UP Act, 2021.
The mistake came to the court’s notice during judicial scrutiny — prompting the High Court to intervene.
Justice Singh, while hearing the petition, observed that the police must exercise greater legal diligence and ensure applicable statutes are correctly invoked, especially in cases involving sensitive constitutional rights such as freedom of religion.
High Court’s Direction on UP Police Wrong Law Conversion Case
- Returning the chargesheet to the Superintendent of Police for rectification.
- Seeking accountability from the police officers involved in the procedural error.
- Mandating training and guidelines on the correct use of statute provisions by law enforcement authorities.
Such directives reflect growing judicial concern about mechanical or misplaced use of special laws that have sweeping implications for individuals’ fundamental rights.
Similar warnings were recently issued by the High Court against “mimeographed style” FIR registrations under stringent anti-conversion provisions.
Broader Context: Growing Judicial Oversight on Conversion Cases
This incident is not isolated. Judicial scrutiny of anti-conversion law usage has intensified across India:
- Supreme Court Monitoring Anti-Conversion Statutes
- The Supreme Court has sought replies from several states on pending petitions challenging anti-conversion laws, citing concerns over harsh bail conditions and the potential “weaponisation” of these statutes against minorities and interfaith couples.
High Court Actions on Misapplied FIRs
The Allahabad High Court itself has previously quashed FIRs under the Uttar Pradesh anti-conversion law, emphasizing the necessity of credible evidence and cautioning police against routine or false complaints that waste judicial resources.
Civil Liberties and Minority Rights Debate
Religious and civil rights organisations have highlighted that baseless conversion allegations continue to rise, sometimes targeting minority communities and voluntary religious expressions, raising constitutional concerns about freedom of conscience and religion under Article 25 of the Indian Constitution.
Legal and Constitutional Implications of UP Police Wrong Law Conversion Case
The importance of statutory precision: Applying the correct law is not only a procedural requirement but integral to preserving constitutional rights.
Risk of human rights violations: Erroneous application of laws with stringent punitive measures may lead to unwarranted arrests, stigmatization, and prolonged legal battles.
Judicial vigilance: The judiciary continues to act as a critical check on police practices, ensuring that enforcement of laws — especially those affecting religious freedoms — remains within constitutional boundaries.
What Comes Next?
The Allahabad High Court has set a direction that:
- Police must rectify procedural errors and file the correct charges under the UP Act, 2021.
- Action may be taken against officials for negligence or misuse of legal provisions.
- Continued judicial oversight is expected as similar cases unfold.
This development also adds to nationwide debates on anti-conversion legislation and judicial safeguards for individual liberties in India.
