A legislative proposal approved by the Utter Pradesh assembly called the Anti-Conversion Bill aims to control religious conversions. This bill was passed by a number of states around the nation due to worries about forced or fraudulent conversions, also known as ‘love jihad’.
The measure has generated a great deal of discussion and controversy, which is indicative of the intricate relationship between politics, religion, and individual rights in India. The Anti-Conversion Bill aims to prevent religious conversions that are purportedly brought about by marriage, force, deception, or attraction.
Laws usually require anyone who want to change to a different religion to notify the authorities ahead of time, and frequently include a requirement to obtain a magistrate’s consent. The bill also targets individuals and organizations engaged in such conversions and imposes severe penalties on anybody found guilty of breaking its provisions.
Up to ten states, including Uttar Pradesh, have already approved this measure in their respective assembly. Legal challenges have been brought against the Anti-Conversion Bill in a number of states, with opponents claiming that it infringes upon fundamental rights protected by the Indian Constitution. The debate over the Anti-Conversion Bill will probably get more heated as additional states consider implementing similar laws.
States that implemented the anti-conversion law
Uttar Pradesh
The Uttar Pradesh assembly approved a measure last month, on July 30, to tighten the Prohibition of Unlawful Conversion of Religion Act-2021. The bill increases the maximum penalty to life in prison.
The purpose of the bill, formally known as the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, was to stop conversions that were carried out under false pretenses, by compulsion, or under the cover of marriage.
If someone is found guilty of violating any of its provisions, they face severe consequences that might include lengthy jail terms and big fines.
In the past, a maximum sentence of 10 years along with a fine of Rs 50,000 was stipulated for anyone found guilty of marrying a woman through deception and forcibly changing her religion.
According to the modified bill passed by the Uttar Pradesh assembly, a person will be considered an afferder of the most serious category if he threatens, attacks, marries promises to marry, plots to marry, or traffics women, minors, or anyone else with the goal of religious convertion. There is a clause in such circumstances that provides for up to 20 years or life in jail.
Odisha
The government of Odisha (then Orissa) was the first state to institute anti-conversion law. The Orissa Freedom of Religion Act, 1967 “provides that no person shall convert or attempt to convert, either directly or otherwise, any person from one religious faith to another by the use of force or by inducement or by any fraudulent means.”
Violation of the law is punishable by one-year imprisonment and a fine or Rs 5,000, or both. It became a model for other states.
Odisha
The first state to enact an anti-conversion law was Odisha (formerly Orissa). The 1967 Freedom of Religion Act of Orissa “provides that no person shall convert or attempt to convert, either directly or otherwise, any person from one religious faith to another by the use of force or by inducement or by any fraudulent means.” Breaking the legislation might result in a fine of Rs 5,000, a year in jail, or both. It turned into a template for other states.
Madhya Pradesh
The second state with an anti-conversion statute was Madhya Pradesh. In 1968, it enacted the Religious Freedom Act, known as Dharma Swatantrya Adhiniyam, which forbade the “conversion of one religion to another by use of force or allurement, or by fraudulent means, and matters incidental thereto.”
The punishment for the offence was a fine of Rs 1,000 or a year in jail, or both. A violation of the Madhya Pradesh Freedom of Religion Ordinance, 2020, which went into effect in 2021, is punishable by up to a year in jail and a fine of Rs 5,000. A minor, a woman, or a person from a designated caste or tribe may be imprisoned for up to two years in addition to paying a fine of Rs 10,000.
Haryana
According to the Haryana Prevention of Unlawful Conversion of Religion Act, 2022, there is a fine of Rs 100,000 along with a sentence of one to five years in prison. Additionally, it makes it illegal to conceal one’s religion from a spouse during a marriage, with fines of Rs 300,000 and prison terms ranging from three to ten years.
Gujarat
Created in 2003, the Gujarat Freedom of Religion Act, 2003 was revised in 2006 and 2021 as the Gujarat Freedom of Religion (Amendment) Bill. Offenders risk a fine of up to Rs 50,000 in addition to a three-year jail sentence. Fines up to Rs 100,000 are imposed on offenders who are women, minors, members of scheduled castes or tribes, or both. Interfaith marriage is listed in the 2021 amendment as a type of coerced conversion. The Gujarat High Court, however, disregarded the clause.
Chhattisgarh
The Chhattisgarh Religion Freedom (Amendment) Act, 2006 made it lawful for offenders to face up to Rs 20,000 in fines or three years in prison. A sentence of four years in prison and a fine of Rs two million is imposed if the criminal is a woman, a minor, or a member of a scheduled caste or tribe.
Himachal Pradesh
In 2006, the Himachal Pradesh Freedom of Religion Act was presented. With softer penalties, it was redrafted as the Freedom of Religion (Amendment) Bill, 2022. The ten-year sentence for forced conversion was lowered to one to five years. Conversion to another religion is prohibited in marriage. A youngster, a woman, or a member of a scheduled caste or tribe might face two to seven years in prison if they convert.
Jharkhand
According to the Jharkhand Freedom of Religion Act, 2017, infractions carry a maximum three-year jail sentence, a fine of Rs 50,000, or both. If the individual who converted is a woman, a minor, or a member of a scheduled caste or tribe, the punishment is severe and consists of either a four-year jail sentence, a Rs 100,000 fine, or both.
Karnataka
Unauthorized interfaith marriage is forbidden by the Karnataka Protection of Right to Freedom of Religion Act, 2021, which was approved in 2022. Any forced conversion carries a fine of Rs 25,000 along with a sentence of three to five years in prison.
A punishment of Rs 50,000 and three to ten years in prison are imposed on offenders who are women, minors, or members of scheduled castes or tribes. Mass conversion carries a fine of Rs 100,000 along with three to ten years in prison.
Uttarakhand
According to the Uttarakhand Freedom of Religion Act, 2018, violators face sentences ranging from one to five years in prison, or two to seven years if they are women, minors, or belong to a scheduled caste or tribe.
