U.P.'s Anti-Conversion Law Has Seen Amendments That Make It More Unconstitutional

With the intention of making it stricter, the Uttar Pradesh Assembly recently accepted changes to its contentious anti-conversion law. It is believed that the primary goal of the revisions to the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021, is to prevent misuse. This action makes the statute's already unlawful provisions worse. Since its passage in 2021, the law has been widely used.

The Original Law and Its Effect

By 2023, more than 400 instances had been registered as a result of the original statute, which was passed in 2021. The original purpose of this regulation was to prevent what was thought to be coerced or fraudulent religious conversions. It has been criticized, meanwhile, for being inhumane and for going against fundamental rights. Due to the law's expansive provisions, interfaith weddings have been singled out for specific misuse.

The Uttar Pradesh Law of 2021 Prohibiting Unlawful Conversion of Religion:

• Goal: Controls religious conversions; outlaws fraud, coercion, or deception in the conversion process.
• Standard Penalty: ₹15,000 fine, 1–5 years in jail.
• Enhanced Penalty: For victims who are women, juveniles, or members of the SC/ST, 2–10 years in prison and ₹25,000 fine.
• Mass Conversion: ₹50,000 fine, three to ten years in jail.
• Penalties for repeat offenders may be doubled.
• Marriages: Unlawful conversion marriages are null and void.

Important Changes to the Law

Extended Prison Terms

The lengthening of jail sentences for anyone found guilty of unauthorized conversion is one of the major changes brought about by the revisions. The penalty could be up to 20 years or even life in jail if women, children, or members of "certain communities" are singled out for conversion using intimidation, threats, or force. This increase in penalties highlights the punitive nature of the regulation.

Finance from Outside for Conversion

Severe penalties are also stipulated in the amendments for accepting contributions from foreign organizations with the intention of converting them illegally. This step adds another level of oversight and control while attempting to reduce the impact of foreign organizations on religious conversions.

Severe Bail Conditions

The new, strict criteria for granting bail are one of the modified law's most worrying aspects. According to the modified statute, bail cannot be granted to an accused individual under the Act without the public prosecutor is given the chance to object. The accused must also persuade the court that there is cause for suspicion that they are innocent and unlikely to commit the same crime while free on bond. This provision, which reflects an intention to make bail difficult for the accused, is similar to the bail-denying clauses found in the NDPS Act and the PMLA.

Increased Authority to File Complaints

Prior Provisions

Originally, the only person who could make a complaint against unlawful conversion was the victim or a close family member. This clause was designed to limit the potential for legal action to individuals who were directly impacted by the purported conversion.

Novel Provisions

A new provision brought about by the revisions enables anybody to report purportedly fraudulent or coerced conversions. This move raises serious concerns since it allows a variety of people and community organizations to become engaged in interfaith marriage cases, which could result in abuse and harassment. The observation that many people detained under the previous Act were allowed bail because the complainants were not parties who were harmed is probably what spurred this action.

Reasons and Facts

Increased Allegations of Forced Conversions

The argument that forced conversions are increasing in Uttar Pradesh is the driving force behind efforts to tighten the legislation. The argument put up by supporters is that these changes are required to stop this growing trend. However, whether there is an actual spike in forced conversions or if the reported increase is a result of widespread misuse of the Act against inter-faith marriages remains to be thoroughly studied.

Criminalization of Marriages Across Faiths

The way the law handles interfaith marriages has always been contentious. By considering them as illegal, it criminalizes conversions that happen as a result of marriage. According to this rule, marriages performed with the intention of converting the couple are deemed void. In addition, the rule requires people who want to change their faith to notify authorities in advance, which is viewed as a restriction on their right to privacy.

Constitutional Issues

Fundamental Rights Violated

Numerous fundamental rights abuses are made worse by the changes. The statute violates people's constitutional rights by enforcing harsh fines, strict bail requirements, and a wider range of complaints. Personal freedom and religious freedom are directly violated by laws that require prior notice for religious conversion and that nullify marriages performed for such purposes.

Forward-thinking and Democratic Governance

The continued enforcement of such a legislation demonstrates a medieval mindset that is inappropriate for a democratic government functioning under a progressive Constitution. Protecting individual freedoms and rights should be the first priority in a democratic society, and legislation should not infringe upon people's rights.

The Direction of Travel

Verify Constitutional Rights Are Upheld:

Change the legislation to conform to the fundamental rights protected by Articles 21 (Right to Life and Personal Liberty) and 25 (Freedom of Religion) of the Indian Constitution. In Shafin Jahan v. Ashokan K.M. (2018), the Supreme Court affirmed that a person's right to marry and convert is a component of their personal liberty.

Put in Place Measures To Prevent Abuse:

Establish precise rules and protections, such as rigorous restrictions on who can submit complaints and under what conditions, to stop legal abuse. In the 2006 case of Lata Singh v. State of Uttar Pradesh, the Supreme Court emphasized the need of shielding people from persecution resulting from marriages between different religions. Limit the ability to make complaints to individuals who have been directly harmed or close family members. Create a framework for preliminary investigations to weed out malicious or frivolous accusations.

Verify Equitable Bail Provisions:

Make sure the bail terms are reasonable and don't unnecessarily limit the accused's freedom by reviewing them. As demonstrated in Arnesh Kumar v. State of Bihar (2014), the Supreme Court has decided that bail laws should strike a balance between the rights of the accused to liberty and the purposes of justice. Make sure that bail is not rejected arbitrarily, particularly when there isn't any first indication of fraud or coercion.

Encourage Judicial Monitoring

To ensure respect to constitutional norms and prevent arbitrary measures, strengthen judicial oversight in the application of the law. Judicial scrutiny is necessary, as evidenced by the Supreme Court's remarks in continuing cases contesting the constitutionality of anti-conversion laws. An important example is the temporary order issued by the Gujarat High Court shielding interfaith marriage parties from harassment.

Encourage Education and Awareness:

In order to educate the public about their legal rights and the laws pertaining to interfaith marriages and religious conversion, start awareness campaigns and educational initiatives. Work together with community leaders, legal professionals, and organizations from civil society to organize awareness campaigns emphasizing people's legal rights and how the anti-conversion statute should be applied.

Competition and Sustainability in Balance for India

Markets, which have developed from the barter system to the modern digital marketplaces, are the hub of the economy. Price and customer preferences are essentially determined by supply and demand factors. But as a result of disruptions to the supply side of the market, there is an imbalance between supply and demand, which affects consumer demand and the economy as a whole.

The Reporting Framework for Sustainability by SEBI

The Securities and Exchange Board of India (SEBI) established a framework in 2023 for corporate reporting of sustainability-related activities. The updated Business Responsibility and Sustainability Report (BRSR) framework mandates that businesses take the environmental effect of their value chain into consideration. By doing this, we hope to increase openness, stop greenwashing, and make sure that the benefits of sustainability are felt all the way down the value chain.

Increasing Openness

Companies are required by the updated BRSR framework to report their environmental impact along the whole value chain. This degree of openness makes businesses responsible for their sustainable policies and assists stakeholders in making educated decisions.

Fighting Off Greenwashing

Greenwashing, the practice of businesses misrepresenting their goods or processes as ecologically friendly, is a serious problem. The SEBI framework requires corporations to make comprehensive and verified disclosures in an effort to counteract this.

Maintaining the Sustainability of Value Chains

The BRSR framework makes ensuring that sustainability initiatives cover a company's suppliers, partners, and consumers in addition to its direct operations by concentrating on the full value chain.

International Views on Sustainability and Rivalry

Competition authorities around the world have voiced skepticism over the need for sustainability objectives to be included in competition frameworks. Nonetheless, a number of areas have started incorporating these ideas because they understand how crucial they are to combating climate change and encouraging creativity.

Japan's Strategy

Guidelines for private companies navigating horizontal alliances aimed at realizing a green society are included in Japan's Anti-Monopoly Act. According to these principles, the majority of initiatives aimed at achieving environmental sustainability are unlikely to stifle competition and might even have positive effects on it that benefit consumers.

The Commission's Revised Guidelines for Europe

The updated draft of the European Commission's guidelines for horizontal agreements was just released, and it now specifically addresses sustainability agreements. These agreements will only become problematic if they generate noticeable adverse impacts on competition or include significant limitations on competition in violation of Article 101(1). Addressing climate change, cutting pollution, restricting the use of natural resources, and encouraging innovation and resilient infrastructure are the goals.

India's Views on Sustainability and Competition

India is investigating the incorporation of sustainability into its competitiveness regulations, after its commitment to attain net-zero emissions by 2070. Leading this initiative is the Competition Commission of India (CCI).

The Current Structure of CCI

The CCI acknowledged in an advisory during the epidemic that COVID-19 had created supply chain interruptions. It was mentioned that companies could need to share information in order to guarantee equitable distribution of goods and services. The Competition Act of 2002 incorporates provisions to shield companies from penalties, recognizing that companies are required to handle issues related to COVID-19.

Possibility of Integrating Sustainability

The head of the CCI has said that the CCI will investigate market sustainability policies. When appropriate and required, the CCI may issue advisory that allow businesses to be excused from certain requirements if their cooperation advances environmentally friendly technical advancements or sustainable goals.

Encouragement of Competition Awareness and Advocacy

The Competition Act of 2002 allows the CCI to take action to encourage advocacy and knowledge of competition under Section 49(3). It might also take part in the creation of economic policies that address sustainability and competition. The CCI can emphasise sustainability policies and enterprise collaboration for greener innovations, releasing guidance notes on sustainability agreements and exemption methods under the Competition Act, 2002.

Case Research.

The Competition and Markets Authority (CMA) in the United Kingdom initiated a market study on electric vehicle charging in order to examine the growth of competition in conjunction with innovation, increased choice, reduced costs, increased investment, and enhanced quality. For the benefit of the Indian market, a similar thorough analysis on green initiatives and market viability is needed.

The Telecom Sustainability Practices of TRAI

The Telecom Regulatory Authority of India (TRAI) published guidelines in 2011 recommending that the National Telecom Policy incorporate sustainable principles. This encouraged the telecom industry to be more ecologically friendly. In the future, the CCI may think about including sustainable practices within the National Competition Policy.

Including Sustainability in Competition Law

Sustainability cannot be isolated from competition. Adapting and implementing newer technologies that lower resource use and boost innovation through sustainability regulations are necessary to combat climate change. All sectors of the economy must support more environmentally friendly production methods if India is to achieve its goal of net-zero emissions.

The Part CCI Plays in Fostering Innovation

When enforcing competition laws, the CCI can take environmental issues into account and promote innovation. Sustainability economics should be incorporated into competition policy along with market imperfections and issues with collective action. The advantages of sustainability will surpass any possible detrimental effects on competition through initiatives like the release of guidelines.

Suggestions for Sustainability Accords

Including sustainability considerations in assessments of cooperation among competitors can significantly benefit sustainability in markets. The CCI can release guidance notes on sustainability agreements, outlining how businesses can collaborate on sustainability goals without breaching competition laws.

Warnings and Exemptions

When appropriate and required, the CCI may issue advisory that allow businesses to be excused from certain requirements if their cooperation advances environmentally friendly technical advancements or sustainable goals. This would free companies from the threat of penalties to innovate and make sustainable investments.

In summary

In conclusion, India must strike a balance between sustainability and competition if it hopes to achieve its environmental targets and promote economic expansion. A good first step in striking this balance is the launch of SEBI's BRSR framework and the possible inclusion of sustainability rules by the CCI. In the end, consumers, companies, and the environment will profit from sustainability and competition if global methods are learned and applied to the Indian setting.

India's commitment to achieve net-zero emissions by 2070 will require contributions from all economic sectors toward more environmentally friendly production practices. In this journey, the CCI will play a crucial role in encouraging competitiveness and sustainability through policies, standards, and lobbying. India may take major steps toward a sustainable future by incorporating sustainability into competition evaluations and promoting enterprise collaboration.

Perspectives from the Scientific Community on the Union Budget for 2024

Presentation of the Union Budget has traditionally been an important occasion for a number of industries, including the scientific and technology communities. The Narendra Modi government's proposed budget for 2024–2025 prioritized a number of topics, including industry, energy security, and agriculture. But despite these advancements, worries have also surfaced over the possible marginalization of basic research and the stagnation of research budget relative to GDP.

Government Proposals for Cutting-Edge Technologies

Supercomputing, cyber-physical systems, and quantum technologies are just a few of the significant national advanced technology programs that the Modi administration initiated during its first two years in office. India, the fourth nation to land a spacecraft on the moon, has also achieved notable advancements in space technology. Notwithstanding these successes, questions have been raised regarding the neglect of fundamental research and the decline in research spending relative to GDP.

Principal Takeaways from the Budget

Put Research and Development First

The Union Budget, according to the Council of Scientific and Industrial Research (CSIR), emphasizes the idea of "Viksit Bharat," carrying over the previous year's emphasis. Research and development in vital fields like energy-efficient technology, vital minerals, and climate-resilient agriculture are given top priority in the budget. Under the Budget's "Innovation, Research and Development" section, the Finance Minister emphasized the value of basic research and prototype development, demonstrating a clear commitment to fostering innovation and industrial connections.

Allocate Funds for Scientific Research

The Department of Scientific and Industrial Research will get ₹6,323.41 crore for the fiscal year 2024–2025, according to the Finance Minister. This is a 10% increase over the budget from the previous year. The purpose of this allocation is to support research and development (R&D) endeavors across multiple domains, such as clean energy, solid waste management, water supply, and sewage treatment technology development. With the creation of twelve industrial parks under the National Industrial Corridor Development Programme and the planned "plug and play" industrial parks in 100 cities, CSIR intends to take advantage of these opportunities. These programs offer excellent chances for local technology created in CSIR laboratories to be adopted.

Changing the Field of Agricultural Research

The focus on reforming agricultural research in the Budget has given the Department of Biotechnology (DBT) hope. Initiatives like the creation of "speed breeding platforms" at various research institutions, which attempt to speed up the production of crop varieties with enhanced features, demonstrate the focus on climate resilience and productivity in agriculture. With these facilities, rice crops, for example, may now be cultivated for four to six generations in a single year.

Additionally, through initiatives like the i3C BRIC-RCB PhD program, the DBT is emphasizing the development of young brains and interdisciplinary collaboration. This initiative seeks to promote innovation and cross-disciplinary knowledge in the biosciences and biotechnology while addressing issues facing the country.

Rewards for Private Investment and Startups

Elimination of the Angel Tax

One major inducement that start-ups looking to raise private money see is the removal of the angel tax. The prior tax was thought to discourage investments in the highly risky biotechnology industry. This action is further enhanced by the 2024 Budget's provisions for the promotion of foreign direct investment (FDI), which will build a strong pipeline for angel-funded businesses prepared for venture capital investments following BIRAC funding.

Overcoming the Divide Between Industry and Academics

Subhash Lakhotia, Distinguished Professor at Banaras Hindu University, expressed concerns regarding the real spending on science and technology (S&T) and higher education despite the favorable outlook on financing and incentives. He made note of the fact that initial allocations were not fully met by spending in the preceding fiscal year. Disappointingly, the projected allocations for 2024–2025 do not differ much from those for 2022–2023, raising the possibility that inflation may cancel out these nominal increases.

Moreover, competition for available financing has increased due to the growing number of public and private institutions. Consequently, there may be a decline in the per capita money available to academics, which begs the question of whether real financing will match the budgeted amount.

Anusandhan National Research Foundation (ANRF) operationalization

It has been said that the Anusandhan National Research Foundation (ANRF) operationalization could revolutionize basic research and prototype development. It is anticipated that the ANRF, with its proposed budget of ₹1 lakh crore, will open doors for research and innovation led by the private sector. Nonetheless, concerns regarding the government's objectives have been aroused by the reference to "prototype development" in addition to fundamental research. Prototype development usually refers to the early software phases preceding the delivery of a product, which is not the same as the goals of fundamental scientific research.

Resolving Funding Inequalities

The primary objective of the ANRF is to mitigate the financial gaps that exist across India's numerous higher education establishments, which are mostly managed by state governments and frequently have restricted funding. At the moment, Indian Institutes of Technology (IITs) receive about 65% of funding from the Department of Science and Technology, with only 11% going to other universities. Although it is unclear if this technique will be effective, the ANRF aims to alter this funding pattern.

Apprehensions About Budget Distribution

The National Institute for Advanced Studies said that although the government intends to create a ₹1,000 crore venture capital fund to advance space technology, this sum could not be sufficient considering the industry's high capital needs. The creation of a distinct fund is a good first step, but the distribution ought to match the amount required to support start-ups in space technology.

Increased Dedication to Basic Research Is Required

The scientific community, which continues to be a crucial area of concern, has long called for increased government financing for basic research. There is widespread dissatisfaction with the lack of substantial, long-term promises to improve the scientific research ecosystem in India, despite the Budget's multiple nominal improvements.

In summary

A number of initiatives are proposed in the Union Budget for 2024–2025 with the goal of supporting research and development in India. Although there are encouraging aspects, like more funding for different areas and the ANRF becoming operational, there are still a lot of unanswered questions about how much money is really spent on science and technology, how much is concentrated on basic research, and how much money is really available to meet the demands of a rapidly changing research landscape. More funding for basic research and equitable support for all research institutions are essential if India is to fulfill its ambition of becoming a global leader in science and technology. The country won't be able to completely realize its potential for scientific innovation and advancement until then.