Freedom to practise, profess and propagate one’s religion is
a fundamental right under Article 25 of the Indian Constitution. And the Indian
Constitution embodies the spirit of secularism, giving the freedom to
“propagate” the religion. What does the term “propagate” mean? According to Rev. Stanislaus v. State Of Madhya Pradesh
& Ors, “propagate means to transmit or spread religion from person
to person or from place to place.” Hence, the term propagates religion does not
mean forceful conversion of one’s religion. Such forceful conversion in the
disguise of propagation of religion is violative of Article 25 of the Indian
Constitution. To curb the menace of forceful conversion, different states have
enacted anti-conversion legislation such as Uttar Pradesh, Madhya Pradesh,
Chhattisgarh, Odisha, Gujarat, and Himachal Pradesh, Uttarakhand has
anti-conversion law.
Recently, the Uttarakhand Assembly passed a bill, i.e., the Freedom
of Religion (Amendment) Bill, 2022 to make anti-conversion laws more stringent.
The said bill shall bring changes to the
Objective of the Uttarakhand Freedom
of Religion Act, 2018
In 2018, the
Uttarakhand Government introduced the above legislation to provide “provide
freedom of religion by the prohibition of conversion from one religion to
another by misrepresentation, force, undue influence, coercion, allurement or
by any fraudulent means or by marriage and for the matters incidental thereto.”
The State via this legislation, makes an effort to protect
the individual and their religious belief. It has also broadened the scope of
forced conversation. Hence, the conversion is said to be forced if an
individual is converted by force, misrepresentation, undue influence, etc.
Freedom of Religion (Amendment)
Bill, 2022
Recently the Uttarakhand Freedom of Religion Act has been amended with the purpose of making the anti-conversion law more stringent. The following changes are brought forth via the said bill:
Increase in Punishment
Previously, the imprisonment for illegal conversion was one
year to seven years. But, the said bill has made the offence of illegal
conversion a cognizable and non-bailable offence, punishable with a jail term
ranging from 3-10 years.
Inclusion of “mass conversion” and “unlawful religious
conversion.”
The new amendment has included two terms, i.e., mass
conversion and unlawful religious conversion.
Mass conversion simply means converting people to other
religious faiths in large numbers. According to Section 3(jj), mass conversion
means when two or more persons are converted. And it is punishable by three to
ten years of imprisonment with a fifty thousand fine.
Clause (JJ) has been inserted in Section 3 of the Act, which
provides for “unlawful religious conversion”, which is not in accordance with
the law of the country.
Information to District Magistrate
Now, Section 9 provides that a person who has converted
himself/herself to another faith must mandatorily inform a district magistrate
about their conversion one month prior and sixty days after the conversion.
Prior to this bill, the person converting was responsible to involve only prior
to conversion and not after. Failure to comply with the said provision will
attract imprisonment for not less than six extendable to a term of three years.
Victim Compensation
Before the introduction of the bill, there was no provision
pertaining to victim compensation. This bill provides for victim compensation
up to Rs. 5 lakhs which is independent of the fine of Rs. 50,000 imposed on the
offender.
No Previous Sanction Of The District Magistrate
The bill provides that no prior sanction of the district
magistrate is required to institute prosecution against a person liable under
the said act.
Penalty For Religious Priest
The bill provides that when a priest performs a conversion
ceremony to convert a person from one religious faith to another, he must give
one month’s prior notice for the conversion to the district magistrate. Section
8(2) provides that the failure to give notice shall lead to one imprisonment,
which may be extendable to five years for the priest
Conclusion
From the breakdown of the Freedom of Religion (Amendment)
Bill, 2022, it is clear that the law-markers have made efforts to increase the
imprisonment term and fines and introduced victim compensation for the victim. But,
these stringent laws establish a thin line between fair prosecution and
malicious prosecution. Hence, the accused must be dealt with a fair opportunity
of hearing and fair trial to avoid misuse of the law.
Related
Jurisedge Academy
Share post:
Freedom to practise, profess and propagate one’s religion is a fundamental right under Article 25 of the Indian Constitution. And the Indian Constitution embodies the spirit of secularism, giving the freedom to “propagate” the religion. What does the term “propagate” mean? According to Rev. Stanislaus v. State Of Madhya Pradesh & Ors, “propagate means to transmit or spread religion from person to person or from place to place.” Hence, the term propagates religion does not mean forceful conversion of one’s religion. Such forceful conversion in the disguise of propagation of religion is violative of Article 25 of the Indian Constitution. To curb the menace of forceful conversion, different states have enacted anti-conversion legislation such as Uttar Pradesh, Madhya Pradesh, Chhattisgarh, Odisha, Gujarat, and Himachal Pradesh, Uttarakhand has anti-conversion law.
Recently, the Uttarakhand Assembly passed a bill, i.e., the Freedom of Religion (Amendment) Bill, 2022 to make anti-conversion laws more stringent. The said bill shall bring changes to the
Objective of the Uttarakhand Freedom of Religion Act, 2018
In 2018, the Uttarakhand Government introduced the above legislation to provide “provide freedom of religion by the prohibition of conversion from one religion to another by misrepresentation, force, undue influence, coercion, allurement or by any fraudulent means or by marriage and for the matters incidental thereto.”
The State via this legislation, makes an effort to protect the individual and their religious belief. It has also broadened the scope of forced conversation. Hence, the conversion is said to be forced if an individual is converted by force, misrepresentation, undue influence, etc.
Freedom of Religion (Amendment) Bill, 2022
Recently the Uttarakhand Freedom of Religion Act has been amended with the purpose of making the anti-conversion law more stringent. The following changes are brought forth via the said bill:
Increase in Punishment
Previously, the imprisonment for illegal conversion was one year to seven years. But, the said bill has made the offence of illegal conversion a cognizable and non-bailable offence, punishable with a jail term ranging from 3-10 years.
Inclusion of “mass conversion” and “unlawful religious conversion.”
The new amendment has included two terms, i.e., mass conversion and unlawful religious conversion.
Mass conversion simply means converting people to other religious faiths in large numbers. According to Section 3(jj), mass conversion means when two or more persons are converted. And it is punishable by three to ten years of imprisonment with a fifty thousand fine.
Clause (JJ) has been inserted in Section 3 of the Act, which provides for “unlawful religious conversion”, which is not in accordance with the law of the country.
Information to District Magistrate
Now, Section 9 provides that a person who has converted himself/herself to another faith must mandatorily inform a district magistrate about their conversion one month prior and sixty days after the conversion. Prior to this bill, the person converting was responsible to involve only prior to conversion and not after. Failure to comply with the said provision will attract imprisonment for not less than six extendable to a term of three years.
Victim Compensation
Before the introduction of the bill, there was no provision pertaining to victim compensation. This bill provides for victim compensation up to Rs. 5 lakhs which is independent of the fine of Rs. 50,000 imposed on the offender.
No Previous Sanction Of The District Magistrate
The bill provides that no prior sanction of the district magistrate is required to institute prosecution against a person liable under the said act.
Penalty For Religious Priest
The bill provides that when a priest performs a conversion ceremony to convert a person from one religious faith to another, he must give one month’s prior notice for the conversion to the district magistrate. Section 8(2) provides that the failure to give notice shall lead to one imprisonment, which may be extendable to five years for the priest
Conclusion
From the breakdown of the Freedom of Religion (Amendment) Bill, 2022, it is clear that the law-markers have made efforts to increase the imprisonment term and fines and introduced victim compensation for the victim. But, these stringent laws establish a thin line between fair prosecution and malicious prosecution. Hence, the accused must be dealt with a fair opportunity of hearing and fair trial to avoid misuse of the law.
Share this:
Related