The controversial anti-conversion bill was passed today by the upper house in Karnataka, despite opposition from the Congress and HD Kumaraswamy's Janata Dal Secular. The opposition argued that such a law will infringe on the freedom of religion granted in the Constitution. The government countered that the law would only protect people from forcible conversion, claiming it is becoming increasingly frequent.
The Protection of Right to Freedom of Religion Bill, 2021, better known as the anti-conversion bill, was passed by the Karnataka Legislative Assembly in December 2021. But it was not brought before the Council, where the ruling BJP lacked majority. Instead, the government passed an Ordinance or executive order to stop forcible conversions.
The bill was tabled in the Council today, after the BJP achieved majority following the MLC elections.
The bill -- piloted by Home Minister Araga Jnanendra -- prohibits "unlawful" religious conversion. Under the new law, unlawful conversion will be through misrepresentation, force, undue influence, coercion, allurement or any fraudulent means.
Those violating the law will get a jail term of three to five years and be fined Rs 25,000. In case of conversion of a minor, the punishment may extend up to ten years and the fine will be Rs 50,000. In case of mass conversion, a fine of Rs 1 lakh can be imposed. A repeat offender can be fined up to Rs 2 lakh and a get jail term of minimum five years.
"It is an unconstitutional bill and is against the Articles 25,26,15 and 29 of the Constitution," said BK Hariprasad, the Leader of the Opposition in the Legislative Council. "The government says it is not against any community. But most members who spoke from the treasury bench were spitting venom against the minority community," he added.
Law Minister JC Madhuswamy said the bill is envisaged to avoid forceful conversions.
"We are not restricting anybody who voluntarily takes up a religion, for which he must submit an application to the Deputy Commissioner and give statement before the DC voluntarily. If forcible conversion is made and if we receive complaints, action will be taken," he added.
Unlike other laws, the burden of proof under this law lies with the defendant, meaning the accused has to prove that he is not guilty. An accused also cannot get bail. Marriage after a forced conversion will be declared void.
The rush to pass anti-conversion bills in BJP-ruled states started after Uttar Pradesh passed the Prohibition of Unlawful Conversion of Religion Ordinance in 2020. Similar laws have been passed by Madhya Pradesh, Haryana and Himachal Pradesh as well. Earlier, Odisha, Chhattisgarh and Gujarat had passed similar laws.The Uttarakhand Freedom of Religion Act, 2018, bans forceful conversion for purposes of marriage.
Critics say the laws are the right wing's offensive against what they have termed "love jihad" -- a coinage for relationships between Muslim men and Hindu women, which, they say, is a ruse to forcibly convert the women. The laws, they say, will be used to target Muslim men, and in some states, the Christian community as well.
A clutch of petitions have challenged anti-conversion laws in the Supreme Court but no hearing has been held yet.
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