10 Yr-Jail, Condition for Marriages: As K'taka Moves Towards Anti-Conversion Law, Here's All to Know

After Uttar Pradesh, MP and Himachal, BJP-ruled Karnataka is also set to introduce an anti-conversion bill in the current Legislative session here, providing for imprisonment of those who engage in mass conversion for three to ten years, as well as a fine of Rs one lakh.

“Seers of various mutts have appealed to the state government for implementing the Act to ban religious conversions in the state. The government is already studying the laws passed by some states in this regard. Karnataka will soon come out with its own version,” Chief Minister Basavaraj Bommai had recently told reporters.

The Chief Minister had also said the Constitution is “clear against conversions by means of force and inducements.” The move follows recent ones by BJP-ruled states, for laws against ‘forced’ conversions.

What Does the Proposed Bill Look Like?

One Month Notice Before Conversion: According to the draft, the ‘religious converter’ shall give one month’s prior notice in ‘form-II of such conversion’ to the district magistrate or any other officer not below the rank of additional district magistrate.

Marriages for ‘Sole Purpose of Conversion’ to be Declared Void: Also, the marriages done for the sole purpose of unlawful conversion or vice-versa will be declared void, as per the draft copy of ‘The Karnataka Protection of Right to Freedom of Religion Bill-2021’.

‘Reconversion to Previous Religion’: The law once it comes into effect will encompass those who “misrepresent, force, undue influence, coercion, allurement or by any fraudulent means or by marriage, or abet or conspire such conversion.” However, this Act will not attract the penal provisions of the act for reconverting to his immediate previous religion. “Provided that if any person reconverts to his immediate previous religion, the same shall not be deemed to a conversion under this Act,” section-3 of the act read.

Aggrieved Relatives May Lodge FIR: Under the proposed law, “any aggrieved person, his parents, brother, sister, or any other person, who is related to him by blood, marriage or adoption may lodge a First Information Report of such conversion, which contravenes the provisions of section-3.”

Consequences Stern In Case of Conversions of SC/ST and Minors: According to the draft regulation, whoever contravenes the provisions of section-3 should, without prejudice to any civil liability, be punished with imprisonment for a term, which should not be less than three years but which may extend to five years and should also be liable to fine, which should not be less than Rs 25,000. The consequences will be stern in case SC/ST and minors are converted.

“Whoever contravenes the provision of section 3 in respect of a minor, a woman or a person belonging to the Scheduled Caste or Scheduled Tribe shall be punished with imprisonment for a term, which shall not be less than three years but which may extend to 10 years and shall be liable to fine, which shall be not less than Rs 50,000,” the draft read.

Mass Conversion to Invite 10-year Jail Term: Further, whoever indulges in mass conversion shall be punished with imprisonment from three to 10 years and will be liable for Rs one lakh fine.

Compensation for Victims: The proposed law says that the victim may get a compensation up to Rs five lakh in addition to the fine. In case of marriage done for the sole purpose of unlawful conversion, the marriage will be declared void by the family court. In case there are no family courts, then the court having jurisdiction to try such cases can also declare such marriages void.

Non-bailable Offence: The offences attracting the provisions of the proposed Act will be non-bailable and cognisable. Further, whoever desires to convert his religion should give a declaration in ‘Form-I’ “at least 60 days in advance” to the district magistrate or the additional district magistrate who should be specially authorised by the district magistrate “in this regard that he wishes to convert his religion on his free consent and without any force, coercion, undue influence or allurement”.

Organisations Can Also Come Under Trial: After receiving the information, the district magistrate should conduct an enquiry through police “with regard to real intention, purpose and cause of the proposed religious conversion” The proposed law further says that any institution or organisation which violates the provisions of the proposed Act shall be subject to punishment and their registration will be cancelled by the competent authority upon reference made by the district magistrate.

Anti-Conversion Laws in Other States

The UP Cabinet had cleared the ‘Uttar Pradesh Prohibition of Unlawful Religious Conversion Ordinance, 2020’ in November last year, after which it was approved and signed by state Governor Anandiben Patel.

The law makes conversion non-bailable with up to 10 years of jail time if undertaken through misinformation, unlawfully, forcefully, allurement or other allegedly fraudulent means and requires that religious conversions for marriage in UP to be approved by a district magistrate. The law also encompasses strict action for mass conversion, including cancellation of registration of social organisation involve in mass religious conversion.

Madhya Pradesh also has an anti-conversion law, under which, for conversion to be valid, a 60-day prior “declaration of the intention to convert” to the District Magistrate is required, after which a couple of different religions can legally marry.

The Himachal Pradesh Freedom of Religion Act, 2019, requires a 30-day “declaration of intention to convert” prior to conversion.

Read all the Latest India News here