A new anti-conversion law for Himachal Pradesh contains strict provisions

*Paromita Das

Religious conversions have been a threat to India for many years. Missionaries wreaked havoc on the community and destroyed the Sanathan Dharma ethos. Throughout the nation, conversion cases are reported daily. Conversion cases in this context frequently involve marriages that have a covert conversion goal, as well as cases of forced conversion, fraud, and other types of conversion. Therefore, the country’s conversion industry is a cause for concern. However, politicians allowed themselves to be manipulated by the Muslim voters’ veto power. They acted as though they had their hands tied behind their backs. They decided not to pass laws to stop forced conversions. Fortunately, time never stands still. For the missionaries, the sun is finally setting.

The governments of various states are enacting stringent laws to regulate this practice. The noose for evangelists has been prepared by the Himachal government, which is driving this reform. The Himachal Pradesh Freedom of Religion (Amendment) Bill, 2022 was introduced by the Jai Ram Thakur administration with the intention of amending the state’s current conversion law.

On December 21, 2020, the Himachal Pradesh Freedom of Religion Act, 2019 was announced. The conversion law of 2006 is being modified as a result of the bill that was passed. In fact, the Himachal High Court stayed the 2006 anti-conversion law in Himachal Pradesh in 2012 on the grounds that it violated religious freedom. Following this, the state government reintroduced the bill in 2019 by amending the 2006 law by 10 points. In December 2020, this legislation became law.

The Himachal Pradesh Freedom of Religion (Amendment) Bill, 2022

The Himachal Pradesh government has introduced the “Freedom of Religion (Amendment) Bill, 2022,” which calls for harsher penalties than the previous law. The Jai Ram Thakur government’s latest amendment bill calls for a maximum 10-year prison sentence for forced conversion, up from the current 7-year sentence.

Additionally, no police officer with a rank lower than sub-inspector will be able to look into any complaints made in accordance with the anti-conversion law, per the proposed clause in the Bill. In addition, the session’s court will host the entire hearing for such a case.

The Jai Ram Thakur government’s amendment bill also stipulates that a person who conceals his religion in order to wed someone of a different religion can face a minimum 3-year sentence of imprisonment. Additionally, the sentence may be increased to ten years. Additionally, the minimum penalty in the Bill has been raised to 50,000 (Rs 50,000), with a potential increase to 100,000 (Rs) (Rs 1 lakh).

Additionally, the Bill calls for tougher penalties for mass conversions. The current law stipulates that mass conversion is punishable by up to 50,000 rupees in fines and seven years in prison. According to the new bill, the conversion of two or more people qualifies as a mass conversion, for which the offender faces a minimum 5-year sentence. Up to 10 years may be added to the sentence. In addition to this, a provision has been made for a minimum fine of Rs 1.5 lakh and a maximum fine of Rs 2 lakh for mass conversion.

After conversion, there are no reservations

This bill states that it is illegal for someone who has converted to another religion to use the services offered by his or her former religion. The punishment for doing so is 2 years in prison, with a possible extension to 5 years. Additionally, the fine could be raised from 50,000 to 1 lakh rupees. It is clear that if members of Scheduled Castes, Tribes, or OBCs convert, they will no longer be eligible for any form of reservation. Additionally, if they continue to abuse reservations by concealing their religious conversion, they will be sentenced to 5 years in prison and must also pay a fine between 50,000 and one lakh rupees.

Additionally, the bill mandates that an affidavit be presented to the District Magistrate one month prior to the religious conversion. It must be stated in this affidavit that the convert is doing so voluntarily. However, no affidavit of any kind is required if one wishes to revert to their original religion.

When introducing the bill, the Chief Minister stated, “Some minor changes are being made in the punishment sections to make the Act more effective. The Act forbids conversions to another religion through deception, coercion, undue influence, coercion, inducement, marriage, or any other fraudulent means. According to Section 5 of the Act, any marriage performed solely for the purpose of converting to a different religion is deemed “null and void”.

Various states have anti-conversion laws

Other states, such as Madhya Pradesh and Uttar Pradesh, have recently passed strict laws prohibiting conversion in addition to Himachal Pradesh.

The Freedom of Religion Act 2020 prohibits conversions made directly or indirectly through coercion, threats of coercion, forced marriage, or other forms of fraud in Madhya Pradesh. A fine of up to Rs 1 lakh and a prison sentence of one to ten years are the penalties for breaking this law. Additionally, the crime of marrying while concealing one’s religion is punishable by a fine of Rs 50,000 and a sentence of 3 to 10 years in prison.

Furthermore, two months’ notice must be given for any information regarding marriages in other religions. The marriage is deemed null and void if it occurs secretly.

Forcible conversion is punishable by a minimum fine of Rs 15000 and a prison sentence of 1 to 5 years under the Uttar Pradesh Prohibition of Religious Conversion Ordinance, 2020. In addition, there is a provision for the conversion of minors and women from the SC/ST community to carry a sentence of three to ten years in jail. There is a provision for punishment ranging from 3 to 10 years in prison and a fine of Rs 50,000 for forced mass conversion. If it is determined that the marriage’s sole objective was to convert, such unions are deemed illegal.