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Unlawful conversion serious offence, proceedings can’t be quashed on basis of settlement between parties: HC
Allahabad HC upheld a rape and conversion case, stating genuine conversion requires belief in Allah's unity and Muhammad's prophethood, dismissing a plea for quashing.
PRAYAGRAJ: Dismissing a petition seeking the quashing of a case of rape and unlawful religious conversion of a Hindu woman to Islam, the Allahabad high court observed that such a conversion could only be considered genuine if an individual who was converted believed in the unity of God (Allah) and the “prophetic character” of Muhammad.
Justice Manju Rani Chauhan dismissed the plea moved by one Taufiq Ahmad who sought the quashing of criminal proceedings involving allegations of rape and religious conversion through misrepresentation under UP anti-conversion law. The quashing was sought on the basis of a compromise between the parties.
Further, noting that the object of the UP anti-law conversion was to provide for the prohibition of unlawful conversion from one religion to another by misrepresentation, force, undue influence, coercion, allurement or by any fraudulent means, the court held that due to an unlawful religious conversion being a serious offence, it couldn’t quash the proceedings on the basis of a settlement between the parties.
The court further added that any religious conversion was considered bona fide when there was a “change of heart” and “honest conviction” in the tenets of a new faith in lieu of the tenets of one’s original religion.
The court said that such conversion could only be considered genuine if the individual who was converted believed in the unity of God (Allah) and the “prophetic character” of Muhammad.
“A conversion of religion by an individual to Islam can be said to be bona fide if he/she is a major and of sound mind and embraces Islam by his/her own freewill and because of his/her faith and belief in the oneness of God (Allah) and prophetic character of Mahommed”, the court said in its order dated March 27.
As per the prosecution, an FIR was lodged on June 7, 2021, alleging that the victim was befriended on Facebook by one Rahul alias Mohd Ayan without disclosing his full identity and was later forced to convert to Islam for the purpose of marriage. Meanwhile, she was sexually exploited by the applicant also.
