In a significant move, the Congress-led government in Karnataka has decided to repeal the Karnataka Protection of Right to Freedom of Religion Act, 2022, which was the anti-conversion law introduced by the former Bharatiya Janata Party (BJP)-led government. The decision comes after the Indian National Congress (INC) formed the state government in Karnataka following the recent legislative assembly elections.
The controversial law aimed to prohibit unlawful conversions from one religion to another through various means such as misrepresentation, force, fraud, undue influence, coercion, or allurement. It was passed as the Karnataka Protection of Right to Freedom of Religion Bill, 2021, by the state legislative assembly in December 2021, despite opposition from the INC and the Janata Dal (Secular) at the time.
Under Section 3 of the Bill, converting from one religion to another using prohibited means would result in imprisonment for a term of three years, extendable to five years, along with a fine of ₹25,000. The punishment would increase to ten years of imprisonment and a fine of ₹25,000 if the conversion involved a minor, a person of unsound mind, a woman, or someone belonging to the Scheduled Caste or Scheduled Tribe.
The law also mandated individuals planning to convert to another religion to declare their intention at least thirty days in advance to the District Magistrate or the Additional District Magistrate. The burden of proof to show that a religious conversion was not conducted through prohibited means rested on the person causing the conversion and any abettor aiding or abetting such conversion.
The Karnataka cabinet, led by the Congress, has decided to repeal the anti-conversion law and plans to introduce a bill to this effect in the upcoming legislature session, scheduled to begin on July 3. Law and Parliamentary Affairs Minister H K Patil confirmed the decision and stated that the bill's repeal would be tabled during the session.
The Karnataka Protection of Right to Freedom of Religion Act, which came into effect in 2022, faced opposition from the Congress. The act aimed to protect the right to freedom of religion while prohibiting unlawful conversions. It proposed imprisonment ranging from three to five years and fines for violations, with harsher penalties for offenses involving minors, women, and marginalized communities.
The act also included provisions for compensation to individuals who were coerced into conversion and addressed cases of mass conversion. It declared marriages solely for the purpose of unlawful conversion as null and void and made the offense non-bailable and cognizable.
Under the act, individuals seeking conversion were required to submit a declaration at least 30 days in advance to the district magistrate or the authorized additional district magistrate. The religious converter was also obligated to provide a 30-day advance notice to the district magistrate.
The decision to repeal the anti-conversion law reflects a shift in policy by the newly formed Congress government in Karnataka. The upcoming legislative session will witness discussions and debates on the proposed bill, highlighting the evolving dynamics surrounding religious freedom and conversions in the state.
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