In a recent development, the state assembly of Karnataka introduced the Karnataka Protection of Right to Freedom of Religion Bill, 2021. This proposed legislation aims to prohibit a conversion from one religion to another through misrepresentation, force, fraud, allurement, or marriage. It’s noteworthy that several other Indian states like Arunachal Pradesh, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Odisha, Uttar Pradesh, and Uttarakhand have already passed similar laws to restrict religious conversion.
Main Provisions of the Bill
The primary provision of the proposed legislation involves penal consequences for those found guilty of conversion. The offence of conversion has been marked as a cognisable and non-bailable offence. It stipulates a jail term of three to five years along with a fine of Rs. 25,000 for violators. Moreover, violators who are found to be converting minors, women, and individuals from the SC and ST communities may face harsher punishments.
Filing Complaints and Exemptions
According to the suggested legislation, complaints regarding conversions can now be filed by family members, relatives, or any associated person. However, the bill also provides an exemption clause for individuals who “reconvert to their immediate previous religion”.
Procedural Arrangements to Ensure Authentic Conversions
Once this law comes into play, intending converts will need to inform the district magistrate at least thirty days before their planned conversion. Following this declaration, the district magistrate will instruct the police to conduct an inquiry to establish the genuine intent behind the conversion. Failing to notify the district magistrate may result in the conversion being declared null and void.
The Constitution and Anti-Conversion Laws in India
Article 25 of the Indian Constitution guarantees the freedom to profess, propagate, and practise religion. Despite this constitutional provision, there have been multiple instances since 1954 where private member bills, aimed at restricting or regulating religious conversions, have been introduced in the Parliament.
Issues Related to Anti-Conversion Laws
Anti-conversion laws employ broad and vague terminology which can lead to misuse and discrepancies. These terms encompass areas far beyond the protection of religious freedom. Additionally, these laws often focus more on restriction rather than securing freedom. The legislation’s broad language can potentially be exploited to oppress and discriminate against minority communities.
Supreme Court Rulings on Marriage and Conversion
The Supreme Court of India, in its various judgments, has upheld the principles of individual autonomy, freedom of choice, and privacy. These verdicts serve as reminders that faith, state, and courts should not impose restrictions on an adult’s right to choose a life partner.
Striking a Balance: The Way Forward
While addressing the issue of forced or fraudulent conversions is important, the implementation of such laws must be careful to not infringe upon individuals’ Fundamental Rights. It is pivotal for these laws to strike a balance between securing personal freedoms and preventing malafide conversions.
Last Modified: February 14, 2024