PIL in HC challenges anti-conversion law

The High Court has ordered a notice to the state government on a PIL filed challenging anti-conversion ordinance - Karnataka Protection of Right to Freedom of Religion Ordinance, 2022. A division bench headed by Acting Chief Justice Alok Aradhe granted four weeks time for the state government to file a statement of objections.

The PIL has been filed by Evangelical Fellowship of India, New Delhi, and All India United Christian Forum for Human rights, Bengaluru. The petitioners claimed that the ordinance, promulgated on May 17, 2022, is against the ethos of secularism, beyond the scope of public order and violates Article 25 of Constitution pertaining to freedom of propagation of religion.

“The provisions of the impugned ordinance violate Article 21 of the Constitution as it empowers the state to suppress an individual’s personal liberty. It seems to be premised upon conspiracy theories and assumes that all conversions are illegally forced upon individuals who may have attained the age of majority,” the petition said.

The petitioners contended that the provisions of the ordinance place a burden on individuals to justify their personal decisions for the state approval and also impinges upon right to freedom of choice, right to life and liberty and as well as the right to freedom of religion. The petition stated that the ordinance requires individuals to approach the district magistrate to validate their conversion for the purpose of marriage or otherwise, which according to the petitioners violates their right
to privacy.

Under the ordinance, illegal conversion under Section 5 attracts punishment of 3-5 years’ imprisonment. “The impugned ordinance comes down harshly on the accused by offering compensation to the victim in addition to the fine, amounting to Rs 5 lakh. This could invite frivolous and false cases to target people,” the petition said.