Distributing Bible, Preaching Religion No Crime: Allahabad HC Pulls Up UP Police For Overreach
Court grants bail to Christian couple, rules that sharing religious texts and moral teachings doesn’t constitute unlawful conversion
Prayagraj: In a significant ruling on religious freedom, the Allahabad High Court has held that distributing the Bible and providing moral guidance cannot be classified as “allurement for religious conversion” under Uttar Pradesh’s anti-conversion legislation.
Justice Shamim Ahmad of the Lucknow bench granted bail to Jose Papachen and his wife Sheeja, who had been imprisoned since January following accusations of attempting to convert members of Scheduled Caste and Scheduled Tribe communities to Christianity.
The case originated when a BJP functionary in Ambedkar Nagar district filed a complaint in January, alleging that the couple was enticing people from SC/ST communities for religious conversion. The couple was booked under the UP Prohibition of Unlawful Conversion of Religion Act 2021 and the SC/ST (Prevention of Atrocities) Act 1989.
However, witness statements collected during police investigations revealed that Papachen and Sheeja had provided moral guidance, distributed Bibles, encouraged education for children, and advised against fighting and alcohol consumption.
The court examined whether these activities fell under the definition of “allurement” in the state’s conversion law. The UP anti-conversion legislation defines allurement as offering temptation through gifts, money, employment, free education at religiously-affiliated schools, improved lifestyle, or promises of divine favor.
Justice Ahmad observed that the court found no material evidence showing the accused had used undue influence or allurement to encourage mass conversion among villagers. The bench clarified that distributing Bibles, promoting education for children, and advising people to avoid conflicts do not meet the threshold for allurement under the legislation.
The judgment also addressed procedural aspects of the anti-conversion law. The court ruled that only an aggrieved person or their family members have the legal standing to file complaints under the Act, not third parties.
This decision comes amid growing concerns about the implementation of anti-conversion laws in BJP-governed states. According to reports, Uttar Pradesh has registered over 400 cases under its anti-conversion law since its enactment in 2021.
Civil liberties groups have welcomed the High Court’s interpretation, viewing it as an important safeguard for constitutional rights to freedom of religion and expression. The ruling clarifies the boundaries between legitimate religious propagation and activities that might constitute illegal inducement for conversion.
The UP government is yet to respond to the court’s observations on the scope and application of its anti-conversion legislation.
