STATEMENT OF OBJECTS AND REASONS
Right to freedom of Religion is guaranteed under Article 25 of the Constitution of India, subject to public order, morality, and health and to the other provisions of part III of the Constitution of India. By virtue of these guaranteed fundamental rights all persons are free to profess, practice and propagate any religion of their choice.
Further, in Rev. Stanislaus V/s State of Madhya Pradesh and Orissa (1977) 1 SCC 677, the Hon'ble Supreme Court has held that "right to propagate" under Article 25 does not include the right to convert another person.
In recent years the State has noticed many instants of conversion by means of 'allurement','coercion','force', fraudulent means" and also 'mass' conversion. These instances caused disturbance of 'public order' in the State. Further, there are multiple complaints of exploiting women of marriageable age by marrying them via fake or concealed identity and false promises by men from other communities and religion. At present no legislation is in existence in the State to prevent such instances which cause disturbances individual wellbeing, and public order and to punish such persons indulged in such acts.
The Law Commission of Karnataka after studying the various laws on the subject and considering the situation in the State in its Thirtieth report has made recommendation to the Government to enact a suitable law on the subject:
A Bill to provide for protection of right to freedom of religion and prohibition of unlawful conversion from one religion to another by misrepresentation, force, undue influence, coercion, allurement or by any fraudulent means.
Summary of the Act
Name of the Act: Karnataka Protection of Right to Freedom of Religion Act, 2021.
Scope of the Act: Prohibition of conversion from one religion to another religion by misrepresentation, force, fraud, undue influence, coercion, allurement or by promise of marriage. Converting or attempt to convert, either directly or otherwise, any other person from one religion to another by use or practice of misrepresentation, force, undue influence, coercion, allurement or by any fraudulent means or by any of these means or by promise of marriage, abetting or conspiring such conversion is prohibited. Attempts by men to interact with women with fake or concealed identity such as, but not limited to, caste, religion, marital status, education, or financial background is also prohibited. Any relative, friend and well-wisher who supports and encourages such interaction is also liable to be punished. Any concealed or secret interaction with a person or a woman of marriageable age with the intention of conversion or inter-community marriage is also liable to be punished.
Exception to the Act: If any person reconverts to his immediate previous religion the same shall not be deemed to be a conversion under this Act. A first generation convert, his/her spouse, his/her offspring, his/her descendants are all considered to be belonging to have a same immediate previous generation. Any arranged marriage with the consent of parents of both parents is also exempted from the Act. Any registered marriage between adults in accordance with the procedures of the ‘registration of marriages’ is exempted from the law.
Person competent to invoke law: Any converted person, his parents, brother, sister, or any other person who is related to him by blood, marriage, or adoption or in any form associated or colleague may lodge a complaint of illegal conversion. Any relative, friend, a well-wisher, or a person who is concerned about the social harmony due to the illegal conversion or deceived marriage is eligible to lodge a complaint.
Consequences of violating law: Imprisonment of either description for a term of three years but which may extend to five years and shall also be liable to fine of rupees twenty-five thousand. For the illegal conversion of a minor or a person of unsound mind or a woman or a person belonging to the Scheduled Caste or Scheduled Tribe shall be punished with imprisonment of either description for a term of three years, but which may extend to ten years and shall also be liable to fine of rupees fifty thousand. For illegal mass conversion imprisonment for a term of three years but which may extend to ten years and shall also be liable to fine of rupees one lakh.
A person concealing his/her religion is punishable up to 5 years. A person who conceives his/her caste is punishable by up to 3 years. A person who conceals financial and educational qualifications is punishable by up to 2years.
Punishment to the repeated conviction: For repeated conviction of the illegal conversion, an imprisonment of a term of not less than five years and shall also be liable to a fine of rupees two lakhs. For concealment of religion/caste/education and financial status, an additional fine of rupees one lakh may also be levied.
Compensation to the aggrieved: The Court shall also grant appropriate compensation payable by the accused to the victim of said conversion which may extend to maximum of rupees five lakh and shall be in addition to fine.
Further implications of the law: Marriages done for sole purpose of Unlawful conversion or vice- versa to be declared null and void. The decision to declaring is to be done by the Family Court or where the Family Court is not established, the Court having jurisdiction to try such case. Offence of illegal conversion is to be non-bailable and cognizable.
Procedure to conduct religious conversions in an open manner: Those who are involved in religious conversions, are directed to declare their intent and actions towards conversion using three forms.
Form 1 is a notice to be provided by one who desires to convert his/her religion at least thirty days in advance to the District Magistrate.
Form 2 is an intimation to be provided by one who performs the conversion thirty days advance notice to the District Magistrate.
Form 3 is declaration to be provided by the person who has converted to the District Magistrate of the District in which he is residing prior to the date of conversion.
Form 4 is a declaration to be provided by persons who have agreed to marry – their educational, financial, marital, religious and caste identities either at the time of registration or at the time of declaration.
Procedure of recording religious conversions: The District Magistrate shall notify proposed religious conversion on the notice board calling for objections. If any objections are received within thirty days, he shall get an inquiry conducted through officials of Revenue or Social Welfare Department with regard to genuine intention, purpose, and cause of the proposed conversion.
If District Magistrate comes to a conclusion of the commission of an offence under this Act, he shall cause the concerned police authorities to initiate criminal action.
Any illegal conversion would be declared as illegal, and void and the perpetrators of the conversion would be punished under this law.
After submitting Form 3, the converted person shall appear before the District Magistrate within twenty-one days from the date of sending/filing the declaration to establish his identity and confirm the contents of the declaration.
If no objections are received for such conversion, the District Magistrate shall record the declaration in a register. Further District Magistrate shall issue an official notification and shall simultaneously intimate the concerned authority about such conversion. The phrase Concerned authority” means his employer, officials of the revenue department, social welfare department, backward classes welfare department, minority welfare department and other concerned department, urban and rural local bodies, Principals or Headmasters of the Educational Institutions, etc.
On receipt of such intimation the concerned authority shall cause to be entered in the relevant official records about conversion as well as reclassify the person converted for his entitlement to enjoy social status or to receive economic benefits from the Government that he was getting prior to conversion.
Punishment for violation of law by an institution, the person, or persons in charge of the affairs of the institution, shall be liable to punishment. Further, the State Government shall not provide any financial aid or grant to such institution.
Parties to Offence for illegal conversion are every person who actually does the act which constitutes the offence and every person who aids or abets another in committing the offence.
Burden of proof as to whether a religious Conversion was not effected through 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.
Definitions used in the Act
1. “Allurement” means and includes offer of any temptation in form of any gift, gratification, easy money, or material benefit either in cash or kind, employment, free education in school or college run by any religious body, promise to marry, better lifestyle, divine displeasure, portraying practice, rituals and ceremonies or any integral part of a religion in a detrimental way vis-à-vis another religion, and glorifying one religion against another religion.
2. “Coercion” means compelling an individual to act against his will by the use of psychological pressure or physical force causing bodily injury or threat.
3. “Conversion” means renouncing one’s own religion and adopting another religion.
4. “Force” includes a show of force or a threat of injury of any kind to the person converted or sought to be converted or to any other person or property.
5. “Fraudulent” means and includes impersonation of any kind by false name, surname, religious symbol or otherwise.
6. “Mass Conversion” means where two or more persons are converted.
7. “Original Religion” means religion of a person before conversion.
8. “Religion” means any organized system of worship pattern, faith, belief, worship, or lifestyle, as prevailing in India or any part of it, and defined under any law or custom for the time being in force. Religion refers to Semitic religions - Judaism, Christianity, Islam and their various denominations, sects, and castes. Religion also refers to system of worship of communities of Indic or eastern Buddhism, Jainism and Hinduism. Other communities who would like to identify themselves as religions in accordance with Governmental transactions are also included in the definition of the Religion. The word ‘caste’ or ‘jathi’ refers to sub communities within the broader groups of religions, or denominations of religions, or sects, tribes, or any other name and form that are equivalent to other similar terms used herein. Religion is not literal translation of ‘Dharma’ of Sanatana lifestyle. Religion is a part of Dharma in a strict sense.
9. “Religion Convertor” means a person of any religion who performs any act of conversion from one religion to another religion and by whatever name he is called such as Father, Priest, Purohit, Pandit, Moulvi or Mulla etc.
10. “Undue Influence” means the unconscientious use by one person of his power or influence over another in order to persuade the other to act in accordance with the will of the person exercising such influence.
