India’s first anti-conversion law conviction gets Kerala couple 5 years jail

According to the fundamental rights assured by the Indian Constitution, an Indian citizen has the "right to freedom of conscience and free profession, practice, and propagation of religion."

New Delhi: A court in Uttar Pradesh sentenced a Christian couple to five years in jail under the UP Prohibition of Unlawful Conversion of Religion Act, 2021, marking the first conviction under any anti-conversion law in India.

The special court in Ambedkar Nagar convicted Kerala natives Jose Papachen and wife Sheeja imposing a fine of Rs 25,000 each over a complaint by a local BJP leader in 2023. In the complaint, the couple was accused of mass religious conversion among Dalit Hindus in Shahpur Firoz village of Eastern UP.

The special court’s verdict came despite the Allahabad High Court’s ruling over the case which stated that the case would not stand as the local BJP leader was not a competent person to file the complaint.

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Under the UP anti-conversion law, individuals who are allegedly forced to convert or their family members are allowed to file a complaint about such conversions; no one else is permitted to do so.

According to the case, Jose Papachen, a pastor and his wife have been involved in missionary work in the impoverished Dalit village where they distributed Christian books, read the Bible and spoke about the life of Jesus. The couple was accused of distributing food to the people and cutting a cake on Christmas day.

The couple, settled in Madhya Pradesh, reportedly engaged in Christian missionary activities among Uttar Pradesh’s poor villagers.

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According to the statements by the villagers who were produced before the court, the couple would visit the basti, teach them good things in life, tell them not to drink alcohol, advise them to not get into fights, and ask to pray to Jesus.

‘Allurement’ in anti-conversion law

Section 2 of the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021, defines ‘allurement to convert’ as tempting by providing gifts of any form, including money, material benefit, employment, free education in an institution run by a religious body, etc.

Citing Section 2 of the law, and underlining the statements by villagers, that said the couple asked to pray to Jesus, the court made the verdict that the couple was involved in conversion by alluring the villagers.

Meanwhile, according to the fundamental rights assured by the Indian Constitution, an Indian citizen has the “right to freedom of conscience and free profession, practice, and propagation of religion.”

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