Anti-conversion Bill in Karnataka: What do the drafted rules propose?

The Karnataka government plans to introduce the anti-conversion law in the ongoing session in the form of 'Karnataka Protection of Right to Freedom of Religion Bill-2021'. With stringent measures against the perpetrators involved in religious conversion, the draft of this bill also offers compensation of up to Rs 5 lakhs for the victims.

Bengaluru:The Karnataka government plans to introduce the 'Karnataka Protection of Right to Freedom of Religion Bill-2021' in the ongoing session. Through this bill, the state government intends to strengthen the anti-conversion laws in the state, chiefly to avoid people from propagating across or changing religions forcefully. The Article 25 of the Constitution gives all Indian citizens the right to choose and practice any religion of their choice, but bans forced conversion. Supporting this article, this bill further introduces stringent punishments for conversion crimes.

What does the Bill say?

According to the newly proposed bill, forced and lured conversions will be punishable by up to 10 years in prison and a fine of up to Rs 50,000. The bill also provides for a penalty of imprisonment of at least three years to a maximum of 10 years for the conversion of impoverished classes, including persons, minors, women and mentally retarded persons in the SC-ST community. The conversion of people belonging to other communities can be punishable by a maximum of five years in prison and a fine of up to RS 25,000. Mass conversions can carry a maximum penalty of 3 to 10 years in prison.

According to the bill, material, money, gifts, employment, free education, lust for marriage, good lifestyle and emotional attraction would also be considered a crime if offered with the intention of religious conversion. There is also a proposal to suspend grants if educational institutions, orphanages, old age homes, hospitals, religious missionaries and NGOs are involved in such activities.

If the conversion is proven, the person who converts will be eligible for a compensation of up to Rs 5 lakh, according to this bill. In case of conviction for second-degree murder, the punishment will be doubled. Forced conversion in any form would be a non-bailable offence. Thus, regulations are in place to enforce harsh punishments for the prohibition of conversion under this bill.

According to the proposed legislation, the family members and relatives of the person who is getting converted have the right to lodge a complaint against the converter

Existing laws in the country

Forced conversion of a person into another religion is already an offence under Section 295A and 298 of the Indian Penal Code. However, these regulations do not directly address the prohibition of conversion. Instead, Section 295A states that maliciously and deliberately insulting the religious beliefs of any class would be considered offensive. This offence can be punishable by up to three years in prison or a fine or both. Under Section 298, it is a criminal offence to do anything that may harm any person's religious feelings. This offence can result in imprisonment for up to one year or a fine or both. While all these sections prohibit the religious conversion or attempts of conversion, the punishment for these will be maximised in the proposed Anti Conversion Bill 2021, which the state government is going to implement.

Anti conversion laws existed in India since pre-independence

The state's push to enact conversion bans may be new to the state. However, the country has already passed laws banning conversion in many states. Moreover, in the pre-independence era, the Prohibition of Conversion was still in existence. In 1936 the Raigad State Transfer Act was enacted. Besides, the Patna Religious Freedom Act of 1942, the Sarguja State Apologetics Act of 1945, the Udaipur State Conversion Prohibition Act of 1946 were also enacted during the rule of the kings.

In the post-independence era, states like Odisha in 1967, Madhya Pradesh in 1968, Arunachal Pradesh in 1978, Chhattisgarh in 2000, Gujarat in 2003, Himachal Pradesh in 2006, Jharkhand in 2017 and Uttarakhand in 2018 have passed the Prohibition of Conversion.