India: The Karnataka Legislative Assembly on Thursday passed the Karnataka Protection of Right to Freedom of Religion Bill, 2021, which prohibits unlawful conversion from one religion to another by misrepresentation, force, undue influence, coercion, allurement or by any fraudulent means.
The opposition Congress and Janata Dal (Secular) opposed the Bill.
Section 3 of the Bill criminalizes conversion from one religion to another by misrepresentation, force, fraud, undue influence, coercion, allurement or by promise of marriage. Any contravention of the Section shall be punished with imprisonment for a term of three years which may extend to five years and a fine of ₹25,000.
If the conversion involves a minor child or a person of unsound mind or a woman or a person belonging to the Scheduled Caste or Scheduled Tribe, the imprisonment can be extended to ten years along with a fine of ₹25,000.
Further, if the case pertains to mass conversion, the imprisonment shall be a minimum of three years which can be extended up to ten years and a fine of ₹1 lakh.
As per Section 4, any converted person or anyone related to such person by blood, marriage or adoption, or "in any form associated or colleague" is eligible to lodge a complaint of such conversion and the same will be treated as a non-bailable and cognizable offence.
The Bill has made it mandatory for the person who converts to another religion to declare their intention ‘before such conversion’ at least thirty days in advance to the District Magistrate or the Additional District Magistrate of his residing district or place of birth within the state.
The District Magistrate, after receiving the information, will notify the proposed religious conversion on the notice board of the office of the District Magistrate and in the office of the Tahsildar calling for objections. If any objections are received within thirty days, an inquiry will be conducted through officials of Revenue or Social Welfare Department with regard to genuine intention, purpose and cause of the proposed conversion.
"If the District Magistrate comes to a conclusion based on the said inquiry of the commission of an offence under this Act, he shall cause the concerned police authorities to initiate criminal action for contravention of the provisions of section 3,"Â the Bill states.
Any conversion that occurs in contravention of this process will be illegal and void. Whoever does not give a declaration of intent to convert to the District Magistrate will face imprisonment of not less than one year which may be extended to three years and a fine of ₹10,000. Whoever performs a conversion ceremony without informing the District Magistrate shall be liable for imprisonment for one to five years and a fine of ₹25,000.
After the person has converted to another religion, they shall send a declaration within thirty days of the date of conversion to the District Magistrate.
Section 10 provides that the state government shall not provide any financial aid or grant to such institution violating the provisions of the Bill.
The Bill also criminalizes the act of abetting conversion. Section 11 reads:
"If offence is committed under this Act, each of the following shall be deemed to have taken part in committing the offence and shall be guilty of the offence and shall be charged as if he has actually committed the said offence, that is to say,- (i) every person who actually does the act which constitutes the offence; and (ii) every person who aids or abets another in committing the offence. "
The burden of proof to prove that a religious conversion was not effected through misrepresentation, force, undue influence, coercion, allurement or by any fraudulent means or by marriage, lies on the person who has caused the conversion and on the abettor who aids or abets such conversion.
A similar law passed in Uttar Pradesh is currently under challenge before the Allahabad High Court.
