UP assembly passes stringent bills to check conversions, question paper leaks

The state assembly on Tuesday passed two key bills with stringent provisions to check unlawful religious conversions and curb the use of unfair means and question paper leaks in public exams, respectively, both with the maximum punishment of life imprisonment.

These legislations are: the Uttar Pradesh Prohibition of Unlawful Conversion of Religion (Amendment) Bill 2024 and the Uttar Pradesh Public Examination (Prevention of Unfair Means) Bill 2024 which has a maximum fine of ₹1 crore.

Besides life imprisonment, the Uttar Pradesh Prohibition of Unlawful Conversion of Religion (Amendment) Bill 2024 has non-bailable provisions.

Speaking about the new anti-conversion bill, parliamentary affairs minister Suresh Kumar Khanna said keeping in view the sensitivity and gravity of the crime and unlawful religious conversion, the dignity and social status of women and the organized and planned activities of foreign and anti-national elements and organizations in illegal conversion and change in demography, it has been felt that the amount of fines and punishment provided in Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act , 2021 should be increased and conditions of bail should be made more stringent.

Khanna said the existing penal provisions of the Act are not sufficient to curb conversion in respect of a minor, disabled, mentally challenged person, woman or a person belonging to Schedule caste or Schedule Tribe, it has been decided to amend the 2021 Act.

It has been proposed that if a person with the intent to convert, puts any person in fear of his life or property, assaults or uses force to marries or induces or traffics a minor, a woman or a person by enticing them or selling them will be punished with rigorous imprisonment of 20 years which may extended to life imprisonment. The person will be also liable to a fine to meet the medical expenses and rehabilitation of the victim. The court shall approve appropriate compensation payable by the accused to the victim.

Under the amendment, it has also been proposed that whoever receives money from any foreign or illegal institutions for unlawful religious conversion will be punished with rigorous imprisonment for a term not less than 7 years that may be extended to 14 years and fine not less than ₹10 lakh.

In cases of conversion of minor, disabled person, mentally challenged, woman, person belonging to SC/ ST category will be punished with rigorous imprisonment of not less than five years that can be extended to 14 years and ₹1 lakh fine.

In cases of mass conversion, too, the law provides for rigorous imprisonment of not less than seven years that may be extended to 14 years and fine not less than ₹1 lakh.

It has been proposed that such cases will not be heard by any court below the sessions court and along with this, the bail plea will not be considered without giving an opportunity to the public prosecutor. Also, all the crimes under the amended Act have been made non-bailable.

The bill will now be sent to upper house for approval before being enacted as a law with the nod of the state governor.

UNFAIR MEANS BILL

Meanwhile, to check the use of unfair means, question paper leaks in public examination and proscribe solver gangs, Uttar Pradesh Public Examination (Prevention of Unfair Means) Bill 2024 includes provisions for life imprisonment, fines up to ₹1 crore and attachment of property for those found guilty of exam malpractices.

After question paper leaks in the police constable recruitment exam and the review officer (RO)/assistant review officer (ARO) examination earlier this year, the state government had announced it would bring a stringent law to check question paper leaks.

Parliamentary affairs minister Suresh Kumar Khanna said malpractices in public examination lead to delay and cancellation of examinations, adversely impacting on the prospects of millions of youth. At present, the Uttar Pradesh Public Examinations (Prevention of Unfair Means) Act 1998 is not found capable to deal with unfair means adopted or offences committed by various entities and solver gangs involved in the conduct of public examinations by the state government and its agencies, he said.

The objective of the bill is to bring greater transparency, fairness and credibility to the public examination system and reassure the youths that their sincere and genuine efforts will be fairly rewarded and their future is safe, he said.

“The state government is determined to take stringent action against the elements who are trying to play with the future of youngsters seeking employment in Uttar Pradesh. If appointment of deserving candidates is not conducted honestly, it forces the youth to migrate to other states,” he said.

Khanna also said the bill is aimed at effectively and legally deterring persons, organized gangs or institutions that indulge in various unfair means and adversely impact on the public examination systems for monetary or wrongful gains.

The bill will aid the state government agencies in preventing criminal elements from disrupting the conduct of state level public examinations, he said.

The students and competitive candidates will be kept free from criminal liability in view of their future, but decisive and strict action will be taken against those guilty of adversely affecting the public examinations, he added.

According to the provision of the bill, “If a solver gang (member) repeats the offence -- assists an examinee in use of unfair means in an examination -- he will be liable to life imprisonment and a minimum fine of ₹50 lakh that may extend to ₹1 crore.”

The offences punishable under the Act will be cognizable, non-bailable, non compoundable and triable by session court. The offences will be investigated by a police officer not below the rank of deputy superintendent of police or assistant commissioner of police, according to the bill.

A person accused of an offence will be released on bail only after the public prosecutor has been given an opportunity to oppose the bail application.

If any person, institution, printing press , service provider contracted for examination, management for conducting examination, authorized to keep or transport the examination material is found guilty of an offence under the Act, will be liable to pay costs and expenses as determined by the court and will be barred forever, the bill said.

If question papers are solved or assistance is provided in mass copying at the examination centre, the center will debarred from conducting public examination, according to the provisions of the bill.

The bill also provides that if the district magistrate has reasons that the property, whether movable or immovable in possession of any person, has been acquired by committing an offence in the examination, he may order attachment of the property whether or not cognizance of the offence has been taken by the court.