Passage Based Questions: Legal Aptitude - 20 | Passage Based Questions for CLAT Preparation PDF Download
Direction: Read the passages given below and answer the legal reasoning questions that follow:
As the Uttar Pradesh Cabinet cleared a draft ordinance against forceful inter-faith conversions — or the so-called “love jihad” — amid similar steps by other states, there is a sense that the law would be implemented more “vigorously” in Uttar Pradesh than in any other states. The proposed law cleared by the Uttar Pradesh cabinet defines punishment and fine under three different heads.
Those found guilty of conversion done through “misrepresentation, force, undue influence, coercion, allurement or by any fraudulent means” in contravention of the law would face jail term of one to 5 years, and a minimum Οne of Rs 15,000.
In case, such conversion is of a minor, a woman from the Scheduled Caste or Scheduled Tribe, then those found guilty would have to face a jail term from three to 10 years, with a minimum Οne of Rs 25,000. On the other hand, if such conversion is found at the mass level, then those guilty would face jail term from three to 10 years, with a minimum Οne of Rs 50,000.
In an another significant provision, the proposed law termed as “Uttar Pradesh Vidhi Virudh Dharma Samparivartan Pratishedh Adyadesh 2020” (prohibition of unlawful religious conversion), proposes among other things that a marriage will be declared “shunya” (null and void) if the “sole intention” of the same is to “change a girl’s religion”. Under the new proposed law, anyone wanting to convert into another religion would have to give it in writing to the District Magistrate at least two months in advance.
The government is supposed to prepare a format for the application and the individual has to fill the application for conversion in that format. However, under the new law, it would be the responsibility of the one going for the religious conversion to prove that it is not taking place forcefully or with any fraudulent means. In case, any violation is found under this provision, then one faces a jail term from 6 months to 3 years and one of minimum Rs 10,000.
The woman told the media that she had converted and married on July 24, four months before the new anti-conversion laws came into force in the state. She said she has been living with her husband in Kanth, about 30 kilometres from Moradabad, for about three to four months. “I married him of my own free will. I am an adult, I’m 22,” she said. Decide from the passage whether the marriage will be considered null and void as per the new anti-conversion law?
He said that Ahmed had threatened to kill his family members if he opposed the marriage. An FIR has been registered against him at Deorania police station and action has been initiated. Ahmed contended that no force was used for the religious conversion. Who shall prove that the religious conversion was not forcefully done?
When the DM enquired, he got to know that Khushi is a minor and on cross questioning, under pressure Khushi instead of telling the truth about her age, told that Arman forced him to give in writing to the DM for their marriage to happen. Later, Arman got arrested for forcibly converting a woman for the sole purpose of marriage. Decide from your understanding of the passage what will be the amount of punishment given to Arman under Uttar pradesh’s anti conversion law?
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