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.
Question for Passage Based Questions: Legal Aptitude - 20
Try yourself:Which of the following statements can be assumed which caused the new anti-conversion law passed in Uttar Pradesh?
Explanation
In the past few months, cases of alleged “love jihad” have been reported from different parts of the state, especially eastern and central UP. In a case that triggered the decision, a group of parents from a particular locality in Kanpur had met senior police officials with a complaint that their daughters are being allegedly trapped by Muslim men and are now seeking their help to free themselves. Later, a Special Investigating Team was formed to look into the allegations. Therefore, (A) will be the right assumption as per the passage.
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Question for Passage Based Questions: Legal Aptitude - 20
Try yourself:A couple had gone to the local registrar once to get their marriage registered. Her husband’s family shared translated copies of their Nikahnama, or marriage document, which show that the couple got married on July 24, and that woman was a “Nav Muslim” or a “New Muslim” at the time of the Nikah, indicating her conversion on that date.The police claim they had to arrest the men because of a complaint led by the woman’s mother, alleging that the two men were trying to forcibly convert her daughter.
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?
Explanation
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. The woman clearly made the statement that she married at free will, therefore (D) is correct. (B) is also correct, but when we read both options (B) and (D), (D) more clearly and elaborately explains the reason. Therefore, (D) is the answer. If (D) was not mentioned, we would have chosen (B).
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Question for Passage Based Questions: Legal Aptitude - 20
Try yourself:Aman, an Indian citizen, decides to go on a sabbatical to Africa. During his tour there is a sudden outbreak of Ebola in the African subcontinent. When he returns to India, he is quarantined and no one is allowed to touch him. Aman contends that airport authorities have practiced untouchability against him.
Explanation
Since this is a practice of quarantine in furtherance of public health.
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Question for Passage Based Questions: Legal Aptitude - 20
Try yourself:Suman’s father complained to the police. The woman’s father, a resident of Deorania village, lodged a complaint against Ahmed and said he befriended his daughter when they were studying. He added that Ahmed was forcing his daughter to convert and get married to him.
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?
Explanation
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 fine of minimum Rs 10,000.
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Question for Passage Based Questions: Legal Aptitude - 20
Try yourself:Arman and Khushi were in love with each other. Arman was 23 years old and Khushi was 17 years old but she hid her real age from Arman and told him that she is an adult, 19 years old. Khushi was aware that the religion of Arman to be different from her religion but she decided to convert her religion to marry Arman at her free will. Khushi went to the authorities and gave in writing to the District Magistrate that she wanted to convert her religion.
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?
Explanation
The above case can seem to be a little confusing. But if we decode the options, First of all Arman is not liable for forcing Khushi. It is easy to understand from the facts that Arman nowhere forced Khushi for marriage and conversion. Khushi knew everything. It was Khushi who hid that she was a minor. Now, this statement is irrelevant from the question’s perspective because currently the question is on the liability of Arman under the law for using force against Khushi for marriage and conversion. So, we should only focus on that information. Hence, (B) is the correct choice. (C) is not correct because the reason is not correct. Correct reason is mentioned in (B).
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