What does Karnataka’s contentious anti-conversion Bill, UPSC trending dose here we know about all important points related to your exam? The Karnataka Legislative Assembly has passed The Karnataka Right to Freedom of Religion Bill, 2021, commonly referred to as the anti-conversion Bill.

what is written in this bill?

The Bill states, “No person shall convert or attempt to convert either directly or otherwise any other person from one religion to another by use of misrepresentation, force, unfair influence, pressure by any fraudulent means or by marriage, nor shall any person abet or conspire for conversions.

It, however, provides an exemption in the case of a person who “reconverts to his immediate earlier religion” as “the same shall not be allowed to be a conversion under this Act”.

If anyone violating this law

According to the recommended law, grievances respecting conversions can be filed by family members or any other person who is associated with the person who is getting converted. A jail term of three to five years and a fine of Rs 25,000 has been proposed for those violating the law in the case of people from general categories, and a jail term of three to 10 years and a fine of Rs 50,000 has been proposed for those converting minors, women or persons from SC/ST communities.

The Bill also proposed payment of a compensation of Rs 5 lakh (on court orders) to victims of conversion by the persons attempting the conversion and double punishment for repeat offenses. Marriages conducted with the intention of conversion can be declared null and void by a family court or a jurisdictional court.

What about those wanting to convert to another religion?

After the law comes into force, any person planning to convert to another religion will have to notify the district magistrate at least thirty days in advance. The person performing the conversion must also give a notice one month in advance, following which an investigation will be performed by the district magistrate through the police to verify the real purpose of conversion. Not informing authorities will carry a jail term of six months to three years for persons who are converted and one year to five years for the persons carrying out the conversions. After getting converted, the person has to again inform the district magistrate within 30 days after conversion and must appear before the district magistrate to confirm his/her identity. Not informing the district magistrate will lead to the conversion being declared null and void.

Post-change, the district magistrate has to notify revenue authorities, the social welfare, minority, backward classes, and other departments of the conversion, who will, in turn, take steps for the entitlements of the person in terms of reservations and other benefits.

History of these Bill in Parliament

After freedom, Parliament enrolled several anti-conversion bills which were not legislated with the majority. The first Indian Conversion (Regulation and Registration) Bill was introduced in 1954, which sought to enforce “licensing of missionaries and the registration of conversion with government officials.” This bill was rejected. This was followed by the introduction of the Backward Communities (Religious Protection) Bill in 1960, “which aimed at checking conversion of Hindus to ‘non-Indian religions’ which, as per the definition in the Bill, included Islam, Christianity, Judaism and Zoroastrianism,” and the Freedom of Religion Bill in 1979, which sought “official curbs on inter-religious conversion.”

What Constitution says on freedom of religion

Article 25 of the Constitution retains that all persons are equally allowed freedom of conscience and the right freely to profess, practice, and propagate religion, subject to public order, morality, and health. Apart from the limit mentioned above, the provision adds that the State shall still be allowed to regulate or restrict any economic, financial, political, or other secular activity which may be associated with religious practice.

Similarly, Article 26 entitles every religious group to manage its affairs in matters of religion but this right is also subject to public order, morality and health.

Articles 27 to 30 also ensure freedom to manage religious affairs, monetarily contribute to the promotion of any religion, and set up and administer educational institutions.

In Ratilal Panachand Gandhi Vs The State of Bombay and others, 1954, the Supreme Court held that every person has a fundamental right under our Constitution not merely to entertain such religious belief as may be approved of by his judgment or conscience but to exhibit his belief and ideas in such overt acts as are enjoined or sanctioned by his religion and further to propagate his religious views for the edification of others.

“With man’s relations to his Maker and the obligations he may think they impose, and the manner in which an expression shall be made by him of his belief on those subjects, no interference can be permitted, provided always the laws of society, designed to secure its peace and prosperity, and the morals of its people, are not interfered with,” emphasised the top court in SP Mittal Vs Union of India, 1983.

Supreme Court verdicts on conversion

In 1977, a constitution bench in Rev Stanislaus Vs State of Madhya Pradesh upheld the validity of the laws, saying freedom to propagate one’s religion, as specified under Article 25 (1), did not grant a fundamental right to convert another person. The bench ruled that a purposive conversion would impinge on the “freedom of conscience” guaranteed to all citizens.

In the Sarla Mudgal case (1995), the Supreme Court held that conversion to Islam was not valid if done only to be able to practice polygamy (The custom of having more than one wife at the same time). It was held to be an act of bigamy prohibited under Section 17 of the Hindu Marriage Act, 1955, and punishable under Section 494 of the Indian Penal Code. The second marriage would be void, the SC said.

This year April PIL a person above the age of 18 years is free to choose a religion of his or her choice, the Supreme Court refused to entertain a PIL seeking directions to ban black magic, superstition, and deceitful religious conversion.

The bench said there is no reason why a person above 18 can’t be allowed to choose religion. It further told that “there is a reason why the word propagates is there in the Constitution”.

The bench observed that the PIL was like a “publicity interest litigation” and that there was no reason why a person above 18 can’t choose his or her religion.

Religious conversion by ‘carrot and stick’ and by ‘hook or crook’ not only offends Articles 14, 21, 25 but is also against the principles of secularism, which is an integral part of the Constitution,” the plea stated

Important points

What is Secularism?

Secularism means developing, understanding and respect for different religions.

Constitutional Provisions relating to Right of Religion

• Article 25: Freedom of conscience and free profession, practice and propagation of religion.
• Article 26: Freedom to manage religious affairs.
• Article 27: Freedom as to payment of taxes for promotion of any particular religion. 
• Article 28: Freedom as to attendance at religious instruction or religious worship in certain educational institutions.