The Karnataka Protection of Right to Freedom of Religion Bill, 2021, introduced by the Home Minister Araga Jnanendra, was highly opposed by the Congress with DK Shivakumar tearing up the legislation on the floor of the Assembly
The Karnataka Assembly witnessed massive scenes of protests and anger when Home Minister Araga Jnanendra tabled the contentious anti-conversion bill on Tuesday. The Karnataka Protection of Right to Freedom of Religion Bill, 2021 was cleared by the Karnataka Cabinet on Monday and is expected to be taken up for discussion today.
The introduction of the bill was accompanied by chaos and there were scenes of drama when Congress leader D K Shivakumar literally tore the legislation on the floor of the Assembly.
Congress members objected to the legislation stating that they are opposed to the introduction of the Bill.
“We are opposed to the introduction of the bill as it violates fundamental rights and the constitution. It violates individual’s rights. This is a draconian bill,” Leader of Opposition Siddaramaiah said.
So, what exactly does the Bill entail and why is the Congress calling it ‘draconian’? Here’s a look:
What the bill says
The ‘Karnataka Protection of Right to Freedom of Religion Bill, 2021’ provides for the protection of the 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.
The bill proposes for imprisonment from three to five years with a fine of Rs 25,000, while for violation of provisions with respect to minors, women, SC/ST, offenders will face imprisonment from three to 10 years and a fine of not less than Rs 50,000.
The proposed bill is also said to have made a provision for the accused to pay up to Rs five lakh as compensation to those who were made to convert.
With regard to cases of mass conversion, the bill proposes 3-10 years jail term and a fine of up to Rs one lakh.
It also states that any marriage which has happened for the sole purpose of unlawful conversion or vice-versa by the man of one religion with the woman of another religion, either by converting himself before or after marriage or by converting the woman before or after marriage, shall be declared as null and void by the family court or where the family court is not established, the court having jurisdiction to try such case, on a petition presented by either party thereto against the other party of the marriage.
The offence under this bill is non-bailable and cognisable.
The Bill insists that the persons who wish to convert to another faith shall give a declaration in a prescribed format at least 30 days in advance to the District Magistrate or the Additional District Magistrate specially authorised by the District Magistrate in this regard of his residing district or place of birth within the state.
Further, the religious converter who performs the conversion shall also give thirty days advance notice in a format, to the District Magistrate or the Additional District Magistrate.
After conversion, the concerned authority shall enter the cause 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. This means the person who wishes to convert is likely to lose the religion of his or her origin and facilities or benefits attached with it, including reservations.
Moreover, as per the Karanataka legislation, anybody who has been converted, or even knows a person who has been converted, can file a complaint. This includes the person’s family members, any blood relative, or a relative by marriage or adoption, or even an associate or a colleague of the person — any of them can lodge a complaint.
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.
Why the opposition
The Congress and the Janata Dal (Secular) are against the proposed legislation.
Congress’ DK Shivakumar, who tore up the law in Assembly, said: “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,” Shivakumar alleged, according to news agency PTI.
The Congress leader claimed that despite the country being ruled by the Mughals, Portuguese and the British in the past, the minority population was “still less”. He added that Christians are merely 2.3 percent of the total population.
“All the leaders prefer the admission of their children in Christian-run schools and get treatment in missionary hospitals. I too studied in a missionary school, but no one asked me to convert,” Shivakumar said.
Modelled on other bills
Uttar Pradesh, Himachal Pradesh and Madhya Pradesh — all BJP-ruled states — have passed similar anti-conversion laws that outlaw religious conversion solely for the purpose of marriage.
While the common feature of all three, and now even the Karnataka one, is the declaration of such marriages as ‘null and void’, the punishments vary from state to state.
The MP and UP law requires a 60-day prior ‘declaration of the intention to convert’ for the marriage to be considered valid. However, the Himachal Pradesh law, which came into effect, in late December 2019, requires a 30-day prior ‘declaration of intention to convert’.
When it comes to punishment, the offence of conversion is cognisable and non-bailable.
In Madhya Pradesh, anyone carrying out religious conversions in violation of the procedure set out in the law will face imprisonment of one-five years and a minimum penalty of Rs 25,000. In cases where those being converted are minor, women, or members of a Scheduled Caste or Scheduled Tribe, the minimum punishment is a jail term of two years, which can go up to 10 years, along with a minimum penalty of Rs 50,000.
For mass conversions a jail term of 5-10 years, with a minimum penalty of Rs 1 lakh is applicable.
According to the UP law, one can be jailed for 1-5 years with a penalty of Rs 15,000 for forceful religious conversion.
For conversions of minors and women of Scheduled Castes and Scheduled Tribes community, there will be jail term of three to 10 years with a Rs 25,000 penalty. In cases of forced mass conversions, the punishment is a jail term of three to 10 years with a Rs 50,000 fine.
According to the Himachal law, the violator can be punished with a prison term ranging from one to five years, along with a fine. In case the victim is a minor, woman or member of a Scheduled Caste or Tribe, the imprisonment may extend up to seven years.
With inputs from agencies
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