ANTI-CONVERSION LEGISLATION IN INDIA
1.Context
The HP Freedom of Religion (Amendment) Bill, 2022, inserts a reference to 'mass conversion' in the 2019 law and enhances punishment for forced conversion to 10 years
It “forbids change of religion through force or allurement”, and enhances punishment for forced conversion to a maximum of 10 years from seven years.
The complaints made under the new law will be investigated by a sub-inspector, with offenses to be tried by a sessions court. Any "marriage for the sole purpose of conversion is declared null and void" under Section 5 of the Act. Those seeking to convert and those performing a conversion will have to give a month's prior notice to the District Magistrate (DM).
2.Anti-conversion laws in various states
2.1.The Orissa Freedom of Religion Act, 1967
It is the first such law in the country and prohibits conversion from one religion to the other by “force or inducement or by fraudulent means”. Violations will result in a jail term of one year or a fine of five thousand rupees or both. The Arunachal Pradesh Freedom of Religion Act, 1978 (never enforced)
Violation is to be punished by imprisonment of two years, with a fine of up to ten thousand rupees. Those converting and those performing the conversion need to send intimation within a prescribed period to the DM or may face a punishment of one year or a fine that goes up to a thousand rupees or both
2.2.Gujarat Freedom of Religion Act, 2003; Gujarat Freedom of Religion (Amendment) Bill 2006
The law prescribes a punishment of three years for forced conversion, with a fine of up to Rs 50,000. In cases involving a woman, minor, Scheduled Caste (SC)/ Scheduled Tribe (ST), the fine can go up to one lakh rupees. Prior permission from the DM is required and it is a cognisable offense.
The 2006 amendment sought to make specifications in the "convert" category by stating that "The provisions shall not apply to the inter-denomination conversion of the same religion". The Buddhist and Jain communities objected to this and the Bill was also withdrawn in 2008
In 2021, the government brought in another amendment to the previous law, a clause on interfaith marriages as a means to carry out the forced conversion, among others. Sections of the law were stayed by the Gujarat High Court, saying "that the burden of proof fell on the parties entering into the inter-faith marriage" and that it was not solemnized on “account of any fraud, allurement, or coercion”.
2.3.Chhattisgarh Religion Freedom (Amendment) Act, 2006
It provides a three-year jail term and a penalty of up to Rs.20,000 or both. The law makes it mandatory for a person who wants to convert to get approval 30 days in advance from the DM. The DM will have the authority to reject or accept the application after examining the case.
The law mandates Imprisonment of three years and a fine of Rs 50,000 or both and four-year imprisonment and Rs 1 lakh fine, or both, if the person converted is a minor, woman, or a member of SC or ST. The DM will have to be informed about "time, place, and the person who administers the conversion proceedings," with those converting and those performing conversions having to take permission from the DM. The offences are non-bailable.
2.4.Uttarakhand Freedom of Religious Act, 2018
The Act says that “no person shall convert or attempt to convert, either directly or otherwise, any other person from one religion to another by use of misrepresentation, force, undue influence, coercion, allurement or by any fraudulent means or by marriage nor shall any person abet or conspire such conversion”. Any “aggrieved person" or his "parents or brother and sister" may complain to the court. It mandates a prison term of one to five years for the same, and two to seven, if it is a minor, woman, or from an SC/ST community. The offence is non-bailable.
It mandates a prison term of one to five years for the same, and two to seven, if it is a minor, woman, or from an SC/ST community. The offence is non-bailable
2.5.Uttar Pradesh Prohibition of Unlawful Conversion of Religion Ordinance, 2020
Bill replacing Ordinance passed in 2021. Those seeking to convert and those performing the conversion need to submit a declaration of the proposed religious conversion to the DM two months and one month in advance, respectively. The DM must conduct a police enquiry into the "intention, purpose, and cause of the proposed conversion." The law provides for a minimum punishment of a year, which can be extended up to five years, Higher punishment, between two and 10 years, is given to those convicted of causing the conversion of a woman, a minor, or a person belonging to the SC/ST community.
2.6.The Madhya Pradesh Freedom of Religion Ordinance, 2020
Those seeking to convert, or performing the conversion and persons organising a religious conversion must declare 60 days in advance. Violating this procedure will attract punishment of imprisonment between three and five years, and a fine of Rs 50,000. The offence is cognizable and non-bailable.
2.7.The Karnataka Protection of Right to Freedom of Religion Act, 2021
Imprisonment for forced conversion is 3-5 years, with a fine of Rs 25,000. In cases involving a minor, woman, SC/ST, or a person of unsound mind, the punishment is stricter, 3-10 years, with a fine of Rs 50,000. For two or more persons, which the Act defines as “mass conversion”, the jail term is 3-10 years with a fine of Rs 1 lakh.
2.8.The Haryana Prevention of Unlawful Conversion of Religion Act, 2022
It provides for a punishment of one to five years and a fine of Rs 1 lakh for conversion done by "allurement, use of force, coercion or fraudulent means, including the use of digital mode
Source:indianexpress
