Governor Thaawarchand Gehlot gave his assent to the anti-conversion ordinance, making it a law in the state of Karnataka. The new law has been opposed by many for infringing on personal choices of religion and marriage
The controversial Karnataka anti-conversion bill, officially known as the Karnataka Right to Freedom of Religion Bill, 2021, was cleared on Tuesday by Governor Thaawarchand Gehlot.
Despite massive protests by the Opposition, the ruling Bharatiya Janata Party (BJP) government had taken the ordinance route to give effect to the law against religious conversions.
With this, the ordinance, which contained all the elements of the bill, will now come into effect, and likely to remain effective until the government passed the bill in the Legislative Council, during the next legislature session.
We take a look at what the law entails and why its passage has been controversial.
The law explained
Commonly referred to as the anti-conversion law, it prohibits conversion from one religion to another by misrepresentation, force, fraud, allurement or marriage.
The ordinance says that 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 such conversion.
The violators will be punished with imprisonment of a term of three years which may extend to five years and shall also be liable to fine of Rs 25,000.
In matters of mass conversion, the punishment is a term of three years that can be extended to 10 years and also liable for a fine of Rs one lakh.
The ordinance reads, “The court shall also grant appropriate compensation payable by the accused to the victim of said conversion which may extend to maximum of Rs five lakh and shall be in addition to fine.”
It further states that those who have been previously convicted of an offence under this ordinance shall be punished with imprisonment of a term of not less than five years and will also be liable to a fine of Rs two lakh.
The offences committed under the ordinance are cognisable and non-bailable.
The ordinance further adds that those who wish to convert would have to submit a declaration at least 30 days in advance to the District Magistrate or the Additional District Magistrate. Additionally, the religious converter would also have to give an advance notice to the authorities.
After receiving the information, the concerned authority would 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 30 days, he will 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 the District Magistrate comes to a conclusion based on the said inquiry of the commission of an offence under this Ordinance, he shall cause the concerned police authorities to initiate criminal action for contravention of the provisions of Section 3,” the ordinance said.
Also, the burden of proof to prove that there was no ‘illegal or forced’ conversion, or a forced conversion through marriage, lies on the person who carries out the conversion or helps such a conversion.
Controversy over the ordinance route
When the BJP introduced the bill in the Legislative Assembly in December, it was strongly opposed by the Congress and Janata Dal-Secular.
Congress’ DK Shivakumar had torn up the law in the Assembly, saying as per a PTI report, “This law is against the Constitution and so we have to oppose it. There is an attempt to disturb peace in the state and divert public attention for political reasons.
“People respect our country because it is secular and peaceful. Here everyone is allowed to live peacefully. In such a situation, attempts are being made to disturb the atmosphere. Their focus is only on the Christians.”
Despite the strong opposition, the bill was passed by the Legislative Assembly. The BJP, then opted for the ordinance route to introduce the law in the state.
Last week, the Basavaraj Bommai Cabinet approved a proposal for the issuance of the bill as an ordinance to facilitate the immediate introduction of an anti-conversion law.
“The decision was taken because there is no clarity on when the Legislative Council will meet again. The ordinance will be in place until a bill is placed in the council whenever it meets again,” Law Minister J C Madhuswamy was quoted as saying by the Indian Express.
Many questioned the BJP for not introducing the bill in the Upper House, calling the ordinance unconstitutional.
Experts believe that the BJP didn’t introduce the bill in the 75-member council, as it feared defeat owing to lesser numbers.
Siddaramaiah, Leader of the Opposition in the state Assembly, had tweeted his disapproval to the ordinance route.
Why anger against the law?
Besides the Opposition, Catholic and human rights groups in Karnataka have opposed the legislation, with Bengaluru Archbishop, Peter Machado, requesting Chief Minister Bommai to hold back the ordinance and not to give his approval.
Machado on Monday had alleged that some groups in Karnataka want to sideline minorities.
Catholic groups allege that by making conversion based on ‘allurement/inducement’ unlawful, they were not only targeting the community, but also snatching the freedom of choice that people are entrusted by the Constitution of India.
Arvind Narrain, president of the Karnataka chapter of the People’s Union for Civil Liberties (PUCL), told India Today that the broad definition of the word allurement was one of the major reasons to oppose the bill.
“The second is, of course, the bureaucratic hyper-regulation of the question of conversion. Third is the intrusion into the realm of personal choice of marriage,” Arvind said to India Today.
In the same report, Robin Christopher, an advocate in Bengaluru says the bill incentivises groups that could perpetuate violence. “It expands the locus standi of who can file a complaint. Something that is a totally private affair suddenly becomes completely open for anybody,” he was quoted as saying.
With inputs from agencies
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