The Allahabad High Court has raised concerns over fake FIRs under the anti-conversion law in Uttar Pradesh, warning that police and third-party complainants are misusing the law.
A Division Bench comprising Justice Abdul Moin and Justice Pramod Kumar Srivastava made the observations on April 13 while hearing a petition filed by a Muslim man booked under the anti-conversion law.
Case Background: Bahraich FIR
Police in Bahraich registered the case after the father of an 18-year-old woman filed a complaint against a Muslim man. They charged him under provisions of the Bharatiya Nyaya Sanhita, 2023 and the anti-conversion law.
However, in her statement recorded under Section 183 of the BNS, the woman contradicted the allegations outlined in the FIR. She told police that she had been in a consensual relationship with the petitioner for three years, denied any coercion to convert or marry, and expressed her willingness to live with him. She also raised concerns about potential harassment by certain groups.
Despite her statement, the investigating officer continued the probe under kidnapping, assault, and anti-conversion provisions and dropped only the rape charge. The court questioned this approach and highlighted the inconsistency.
“The statement of the victim vis-à-vis the allegations as levelled in the FIR gives rise to a disturbing trend… pertaining to FIRs being lodged by third parties under the provisions of the Act, 2021,” the court observed. It further noted that the woman had expressed apprehension about her safety and that of her family following her statement, fearing harassment by various organisations.
The Bench also pointed to a broader surge in third-party complaints under the law, echoing concerns previously raised by the Supreme Court of India. It directed the State’s Additional Chief Secretary (Home) to file a personal affidavit detailing the action taken in such cases.
In the interim, the court stayed the arrest of the petitioner and directed that security be provided to all parties concerned.
