Karnataka’s Religion Bill proposes 10-year jail for facilitating conversion of woman, minor and SC/ST

Bengaluru, Dec 16: Karnataka government’s proposed anti-conversion bill suggested up to 10 years of imprisonment and placed the “burden of proof” on the person who facilitated the conversion on the basis of force or coercion. 

The draft of the so called ‘Karnataka Protection of Right to Freedom of Religion Bill-2021’, which official sources say is not yet finalised, aims to prohibit "conversion from one religion to another religion by misrepresentation, force, fraud, undue influence, coercion, allurement or marriage".

Offences registered under the proposed bill will be cognizable and non-bailable. Imprisonment "shall not be less than three years, but which may extend to five years" along with a fine of around Rs 25,000. However, for conversion involving a minor, woman or a person belonging to Scheduled Castes or Scheduled Tribes, jail term can go up to 10 years with a fine of Rs 50,000.

The accused person will have to prove that the religious conversion was voluntary and not by force. Further, the bill makes a provision for the accused to pay up to Rs 5 lakh as compensation to those who were made to convert. 

The bill requires people willing to convert to declare at least 60 days in advance to the deputy commissioner and within 30 days of the conversion under a specified format. 

After the conversion, the “authority concerned shall take steps in accordance with applicable laws with regard to entitlement of persons converted to enjoy social status or to receive economic benefits from the government (prior to conversion),” the bill says. 

This means that a Dalit who converts should forego benefits he or she is entitled to as a member of the SC community. 

Any institution or organisation violating the provisions of the proposed law will not be eligible for any financial aid or grant from the government, the bill says. 

The bill noted that by virtue of Right to Freedom of Religion all persons are free to profess, practice or propagate any religion of their choice. However, "...Supreme Court has held that 'Right to Propagate' under Article 25 does not include the right to convert another person,” the bill notes.

“In recent years the state has noticed many (instances) of conversion by means of 'allurement', 'coercion', 'force', 'fraudulent means' and also 'mass conversion'. These instances caused disturbances of 'public order' in the state,” the bill explains.

“The Law Commission of Karnataka, after studying the various laws on the subject and considering the situation in the state in its thirtieth report, has made the recommendation to the government to enact a suitable law on the subject," the proposed bill says.