Verghese V Joseph –
Bengaluru: Reacting to the passage of the contentious “anti-conversion bill” in the Karnataka Legislative Council on Thursday, the Metropolitan Archbishop Peter Machado, the Bishops of Karnataka and all the Christian Leaders are contemplating a legal recourse to challenge the Act in its totality. The bill was passed amid objections from the Opposition Congress and JDS,
According to Archdiocesan PRO and spokesperson J A Kanthraj, “All the Christian leaders, and others who uphold the secular fabric of our democratic society will take a decision to find a legal recourse and challenge the Act.”
“The entire Christian Community in Karnataka is deeply disturbed and greatly pained at the passing of the Bill “Protection of Right to Freedom of Religion – 2021” which is now an Act. The Community feels betrayed for all its selfless services to society in the fields of education, health and social service,” he said.
The contents of the Act remain bitter, brutal and abrasive in its nature from what was introduced as a Bill nine months back and now translated into an Act.
“As our strong objection to this said Bill is already pending before the Hon’ble Supreme Court and The High Court, we refrain from commenting further on this matter,” he added.
On Thursday, the Karnataka Legislative Council passed the contentious “anti-conversion bill”. The Karnataka Protection of Right to Freedom of Religion Bill was passed by the Assembly in December last.
The Bill proposes jail terms between three and five years. For violation of provisions with respect to minors, women and SC/STs, the offenders will face imprisonment from three to 10 years.
The bill also makes provisions for the accused to pay up to Rs 5 lakh as compensation to those who were made to convert. In cases of mass conversions, there shall be a three-to-10-year jail term and a fine of up to Rs 1 lakh.
The controversial anti-conversion bill was passed today by the upper house in Karnataka, despite opposition from the Congress and HD Kumaraswamy’s Janata Dal Secular. The opposition argued that such a law will infringe on the freedom of religion granted in the Constitution. The government countered that the law would only protect people from forcible conversion, claiming it is becoming increasingly frequent.
The Protection of Right to Freedom of Religion Bill, 2021, better known as the anti-conversion bill, was passed by the Karnataka Legislative Assembly in December 2021. But it was not brought before the Council, where the ruling BJP lacked majority. Instead, the government passed an Ordinance or executive order to stop forcible conversions.
The bill was tabled in the Council on Thursday, after the BJP achieved majority following the MLC elections.
The bill — piloted by Home Minister Araga Jnanendra — prohibits “unlawful” religious conversion. Under the new law, unlawful conversion will be through misrepresentation, force, undue influence, coercion, allurement or any fraudulent means.
Those violating the law will get a jail term of three to five years and be fined ₹ 25,000. In case of conversion of a minor, the punishment may extend up to ten years and the fine will be ₹ 50,000. In case of mass conversion, a fine of ₹ 1 lakh can be imposed. A repeat offender can be fined up to ₹ 2 lakh and a get jail term of minimum five years.
“It is an unconstitutional bill and is against the Articles 25,26,15 and 29 of the Constitution,” said BK Hariprasad, the Leader of the Opposition in the Legislative Council. “The government says it is not against any community. But most members who spoke from the treasury bench were spitting venom against the minority community,” he added.
Law Minister JC Madhuswamy said the bill is envisaged to avoid forceful conversions.
“We are not restricting anybody who voluntarily takes up a religion, for which he must submit an application to the Deputy Commissioner and give statement before the DC voluntarily. If forcible conversion is made and if we receive complaints, action will be taken,” he added.
Unlike other laws, the burden of proof under this law lies with the defendant, meaning the accused has to prove that he is not guilty. An accused also cannot get bail. Marriage after a forced conversion will be declared void.
The rush to pass anti-conversion bills in BJP-ruled states started after Uttar Pradesh passed the Prohibition of Unlawful Conversion of Religion Ordinance in 2020. Similar laws have been passed by Madhya Pradesh, Haryana and Himachal Pradesh as well. Earlier, Odisha, Chhattisgarh and Gujarat had passed similar laws.The Uttarakhand Freedom of Religion Act, 2018, bans forceful conversion for purposes of marriage.