Conversion Without Religious Conviction Not Bona Fide, Rules Allahabad High Court
While rejecting a plea to quash criminal proceedings, the court held that a religious conversion must stem from sincere belief, not convenience or coercion, especially in cases involving serious offences and special statutes
The Allahabad High Court recently observed that an individual’s conversion to Islam can be considered bona fide only if they are a legal adult of sound mind and embrace the faith out of their own free will, motivated by genuine belief in the oneness of God (Allah) and the prophetic status of Mohammed.
The bench of Justice Manju Rani Chauhan further clarified that a conversion lacking religious intent—undertaken merely as a means to claim certain rights, evade legal restrictions on marriage, or achieve any objective without sincere faith in Allah and the prophethood of Mohammed—cannot be deemed bona fide.
related stories
“In the case of a religious conversion, there should be a change of heart and an honest conviction in the tenets of the new religion in place of those of the original religion," the bench underscored.
The court made the observation while rejecting a plea to quash criminal proceedings against one Taufik Ahmad in a 2021 case registered under Sections 420 (cheating), 323 (causing hurt), 376 (rape), and 344 (wrongful confinement) of the Indian Penal Code (IPC), along with Section 3(1) of the Uttar Pradesh Conversion Prevention Act, 2020.
According to the complaint, a Muslim man named Mohd. Ayan initially introduced himself as Rahul and befriended a Hindu woman on Facebook. Over time, he proposed marriage, but the woman later discovered that he was actually a Muslim. As a result, she refused to proceed with the marriage. She then alleged that she was detained against her will, physically assaulted, and sexually exploited, with further allegations implicating members of her own family. A case was registered against Mohd. Ayan and two others.
Despite the serious nature of the accusations, both parties later claimed that a compromise had been reached.
During the proceedings in the present plea, the High Court examined whether such a compromise could justify quashing criminal proceedings, particularly in a case involving non-compoundable offences such as rape.
The court made it clear that cases involving serious offences, particularly those related to rape, cannot be quashed merely on the basis of a private settlement. It referred to previous Supreme Court judgments and emphasised that while minor disputes may be resolved through compromise, crimes that affect a person’s dignity and bodily autonomy warrant strict legal scrutiny.
The bench also took note of the allegations of religious conversion and stated that converting to another religion must be based on sincere faith.
Moreover, the court observed that attempts to use a compromised relationship as grounds for quashing criminal charges are particularly untenable in cases involving serious offences such as rape and those governed by special statutes, including the UP Conversion Prevention Act, 2020.
Therefore, the court held that, given the gravity of the allegations—including forcible detention, sexual assault, and the implications of an alleged fraudulent attempt at conversion—the proceedings must continue. The application under Section 482 of the CrPC was accordingly dismissed.
- Location :
- First Published: