Anti Conversion Law in Karnataka
* Forced conversion: 3-5 years in prison, Rs 25,000 fine. Hindu nationalists often accuse Christians of using violence and covert tactics to pursue conversions, storm villages, and conduct “conversion ceremonies” in which Christians are forced to perform Hindu rituals. The law also covers the “jihad of love,” a term that refers to religious conversion for marriage. The Karnataka Law Commission, after reviewing various laws on the subject and taking into account the situation in the state, in its 30th report, recommended that the Government enact an appropriate law on the subject. Mr. Jnanendra said that the bill only talks about forced conversion and not against a religion. Amid the protests, Karnataka`s Legislative Council on Thursday passed a law to regulate religious conversions. The offence is considered so serious that it does not allow bail. Anyone wishing to change their religion must make a declaration to the relevant government authorities at least 30 days in advance, stating the reasons for the decision. Sajan K.
George, president of the Banglore-based World Council of Indian Christians (GCIC), noted that the law has retroactive effect and shifts the “burden of proof as to whether a religious conversion was not made by misrepresentation, violence, undue influence, coercion, temptation, or by fraudulent means or marriage” to the person who “caused the conversion, Justice Minister J C Madhuswamy said: “We did not achieve this with a community objective. We do not target Christians. We are simply saying that conversions should be done as part of a process. The controversial anti-conversion bill was passed today by Karnataka`s upper house, despite opposition from Congress and HD Kumaraswamy`s Janata Dal Secular. The opposition argued that such a law would violate the freedom of religion granted by the Constitution. The government countered that the law would only protect people from violent conversion, saying it was becoming more and more common. The new law provides for a prison sentence of three to five years, as well as heavy fines for conversion for “violence, undue influence, coercion, temptation or by fraudulent means” or “by promise of marriage”. According to the regulations, anyone who is a “victim” of “forced conversion” attempts can file a complaint with their relatives or even an acquaintance. Jnanendra defended the settlement, saying measures had been taken to preserve peace and security. “The bill was discussed in the House of Representatives. One lawmaker pointed out how religious conversions destroy families,” he said.
A number of petitions have challenged the anti-conversion laws before the Supreme Court, but no hearing has yet taken place. The Law Protecting the Right to Freedom of Religion of 2021, better known as the Anti-Conversion Act, was passed by the Karnataka Legislative Assembly in December 2021. But it was only presented to the Upper House Council this year, where the ruling BJP did not have a majority at the time after the party won 40 of the 75 seats on the council. The local government, for its part, says the legislation will only protect people from forced conversions, arguing that they are becoming more common. “There is nothing in the law that will restrict constitutional religious rights,” Jnanendra told reporters. “The anti-conversion law was not designed to target a religion. It seeks to prohibit religious conversion through incitement or violence. The law prohibits the so-called “illegal” conversion from one religion to another through false statements, violence, undue influence, coercion, temptation or fraudulent means. The law also proposed a prison sentence of three to five years with a fine of INR 25,000 (Indian rupees). In cases where the violation affects minors and women, the defendant may be sentenced to a term of imprisonment of three to ten years and a minimum sentence of INR 50,000.
The anti-conversion bill, dubbed the Karnataka Right to Freedom of Religion Bill 2021, was introduced in the state legislature in December 2021 and has yet to be introduced in the state Legislative Council even after it was passed by the Assembly. A cabinet meeting chaired by Prime Minister Basavaraj Bommai on Thursday approved a proposal to publish the bill as an ordinance to facilitate the immediate introduction of an anti-conversion law. According to the congressional leader, the goal of the anti-conversion law was the Christian minority community. “The weaker groups did not have access to education and women were discouraged from doing so. It was Jyotirao Phule and Savitribai Phule who stressed the need for women`s education. If there was a Mahatma before Mahatma Gandhi, it was Jyotirao Phule. Christian missionaries also played a role in letting even shudras enter the education system and letting them learn English,” Hariprasad said, adding that this education democratizes by ensuring that it does not remain “the private property of some.” Unlike other laws, the burden of proof under this law is on the defendant, which means that the defendant must prove that he is not guilty. Nor can a defendant receive bail. Marriage after forced conversion is annulled. The interior minister defended the controversial bill, saying that in recent years, the state has noticed many cases of conversion by “temptation,” “coercion,” “violence,” “fraudulent means” and also “mass conversion.” .