JOIN USKarnataka Assembly passes anti-conversion bill: What we know so far
The Karnataka Assembly passed Thursday the controversial anti-conversion bill amid protests as the ruling BJP cornered the Congress with documents to show that the proposed law was first drafted when Leader of the Opposition Siddaramaiah was the chief minister in 2016.
The anti-conversion bill comes in the backdrop of several instances of attacks by right-wing groups on churches. In September, the Hindu Jagarana Vedike barged into a church in Udupi, alleging that people were being illegally converted to Christianity by the pastor
Likewise in October, Bajrang Dal and Vishwa Hindu Parishad gathered inside a makeshift church in Dharwad district and started singing bhajans.
There have been over 30 instances of attacks in Karnataka churches since the beginning of the year, mostly by right-wing groups, alleging that forceful conversions are taking place in the state.
Simultaneously a law on 'Love-Jihad' is also on the government's agenda.
Provisions of the anti-conversion bill:
The Bill will specify the action that is to be taken if forced religious conversion is taking place.
The Bill may also have penal provisions and the person who wants to convert should notify the Deputy Commissioner and must lose his original religious/caste identity.
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; however, one is likely to receive the benefits entitled to in the religion he or she converts to.
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, undue influence, coercion, allurement or by any fraudulent means or by marriage, nor shall any person abet or conspire for conversions.”
It exempts a person who “reconverts to his immediate previous religion” as “the same shall not be deemed to be a conversion under this Act”.
As per the Bill, family members or any other person related to the individual who is getting converted can file a complaint. For violators from general categories, a jail term of three to five years and a fine of Rs 25,000 has been proposed and a jail term of three to 10 years and a fine of Rs 50,000 for those converting minors, women or persons from SC/ST communities.
The Bill proposes compensation of Rs 5 lakh for victims of conversion by those attempting the conversion and double punishment for repeat offences. Marriages with the intention of conversion can be declared null and void by a court. The offence is deemed to be cognizable and non-bailable, and it can be tried in a magistrate’s court under the Bill.
Any person intending to convert will have to notify the district magistrate two months in advance when the law is enforced, and the person carrying out the conversion must provide one month notice. The district magistrate will then conduct an enquiry through the police on the real purpose, says the Bill. If authorities are not informed, a prison term of six months to three years will be given for persons who convert, and a term of one to five years for those carrying out conversions.
Where it began:
In September this year, Karnataka Home Minister Araga Jnanendra told the Legislative Assembly that the government is considering a law to regulate religious conversions after a BJP legislator said his mother had become a Christian due to inducements.
Hosadurga legislator Goolihatti Shekhar, raising the issue during Zero Hour, said “forced” religious conversions are rampant in the state. “My mother has been converted by a Christian. She was brainwashed into not keeping vermilion on her forehead, abandoning idol worship and so on. Even her phone’s ringtone is a Christian song,” he said.
Jnanendra said the government is aware of religious conversions taking place. “It’s a punishable offence to get people to convert into a religion by way of inducement," he said, adding that they should perhaps bring in a law.
In November last year, former Chief Minister B S Yediyurappa said he was “not bothered” about what other states would do against ‘love jihad’, but that he was determined to “put an end” to religious conversions in the name of marriage.
Several states including Uttar Pradesh already have laws regarding religious conversions for marriage.
Objections raised against the Bill:
The Karnataka Region Catholic Bishops Council opposed the state government's proposal to introduce an 'Anti-Conversion Bill', cautioning that the move could precipitate "uncontrolled communal conflagrations" in the state.
"Since independence, there has been hardly any increase in the number of Christians and it (the Bill) is all made out to suit the political agenda of some political parties," the Council said in a memorandum to Chief Minister Basavaraj Bommai."If the bill is passed in the Assembly and translated into a law, we fear that it will give way for large-scale uncontrolled communal conflagrations," the Council said, adding such a bill will only cause "more harm than good".
Mangalore MLA and former Minister U T Khader termed the anti-conversion bill as an attempt to divert the attention of the people of the state from the failure of the state government.
“It is the BJP’s agenda to divert the attention of the people and a political gimmick,” he told media persons in Mangaluru.
Former advocate general Ravivarma Kumar said there were no forced conversions in the state. “The obsession of the government to prevent conversions is unwarranted. Any force exerted can only be by the majority community and not the minority community.
Moreover, forceful conversion is already a punishable offense under the IPC. The sections applicable are 120B, 153A, 295A, 298, 493, 496, 498, 505, 506, 508 and 509. It does not warrant separate legislation. This is proposed only to terrorise the minorities,” he said. Further, such a law opens up the possibility of its application to inter-caste and interfaith marriages, too.
What the leadership has said:
Defending the Bill, Bommai had said that the government will bring in laws that are in the larger interest of society.
Every law will have pros and cons and there will be discussions. "But, what is good for the people would be made as a law. We are ready to discuss the new law in the session," he said.
Jnanendra said it will not target any one religion. "Article 25 of the Constitution says there shouldn't be forced conversion. But, it doesn't spell out the action that needs to be taken. We are only framing rules," he said.
Meanwhile, Dr Ashwathnarayan, former Deputy CM said that "there has been no attack on the Christian community in Karnataka because of their religion and a spin is given to attacks on a personal level to create a campaign"
He also said that these allegations were 'baseless' and videos claiming these attacks are 'fabricated'
(With DHNS, agency inputs)
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