BJP The government on Friday (March 4) introduced the Prevention of Religion Change Bill, 2022 in the assembly in Haryana amid protests from the opposition Congress. Six-time MLA Dr. Raghuveer Singh Kadian was suspended after tearing a copy of the Bill on the floor of the House. Varinder Bhatia explains the Bill, its objectives and reasons.
What is the logic of the government for making such a law?
Haryana Chief Minister Manohar Lal Khattar had said in August last year, “A law is made to stop people from doing something wrong. such incidents [of ‘love jihad’] This has started happening in some places of Haryana. Unless these were not happening, or when there were only one or two such incidents, there was no need for such a law in this regard. But now many incidents of forced conversion through coercion and greed have come to the fore. Such laws are needed to prevent such incidents. As an example, I can say that’s why we passed the Anti-Copying Bill. Laws are needed to prevent any of these incidents from increasing in numbers.”
How is the state government planning to implement this law?
As a first step, the draft bill was approved by the state cabinet headed by Khattar in February. Now, the bill was introduced in the ongoing budget session of the assembly that began on March 2. The BJP-JJP alliance in the state has a strength of 50 in the 90-member assembly. The bill is all set to pass. It will later be sent for the final concurrence of the Governor. After the assent of the Governor, it will be implemented as a law and will be implemented throughout the state.
What does this bill propose?
The Bill seeks to prohibit “religious conversions which are effected through misrepresentation, force, undue influence, coercion, inducement or any fraud or by making it an offense for marriage or marriage”.
What is the opposition’s objection to the bill?
Congress MLAs including BB Batra, Dr. Raghuvir Singh Kadian, Geeta Bhukkal, Shamsher Singh gogi, Aftab Ahmed and many others raised particularly strong objections to the logic of bringing such a bill. Several Congress legislators called the bill “unconstitutional” and termed it an attempt by the government to “create division in society on the basis of religion”. The Congress MLAs also asked the government to tell the House how many such complaints or criminal cases were registered which would form the basis for bringing such a bill. Assembly Speaker Gyan Chand Gupta, however, said that “some steps have to be taken as preventive measures”.
What is the reason for mentioning the bill?
According to the draft bill, “the individual right to freedom of conscience and religion cannot be extended to the collective right to proselytize; as the right to religious freedom shall be extended to a convert and a person seeking conversion.” Nevertheless, there have been many cases of religious conversion, both mass and individual. Obviously, such incidents are hotly debated in a multi-religious society like ours. The conversion of weaker sections of other religions is to commit the presence of pseudo social organizations with a hidden agenda. There are instances when gullible people have been lured or converted under undue influence. Some have been forced to convert to other religions. ,
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What is the legal position on such bills or such incidents of forced conversions?
The government says that “recently, many examples have come to the fore that people marry people of other religions either by misrepresentation or by hiding their religion with the agenda of increasing the power of their religion by converting people of other religions.” and then get married. They force such other person to change their religion”.
“Such incidents not only violate the freedom of religion of the converts but are also against the secular fabric of our society. Therefore, the Bill seeks to prevent religious conversions which are affected by the use of force, intimidation, misrepresentation, undue influence, coercion, inducement or any fraudulent means or by making it an offense for marriage or marriage. Provide greater punishment for such conversion in respect of minors, women, scheduled castes and scheduled tribes”, the statement of objectives and reasons added.
Responsibility to prove whether there was forced conversion
According to the draft, the burden of proof was not affected by misrepresentation, use of force, intimidation, undue influence, coercion, solicitation or any fraudulent means of conversion or marriage or the purpose of marriage. Those who convert to religion will be accused.
How will the conversion happen intentionally?
Every person converting from one religion to another shall submit a declaration to the prescribed authority that the conversion affected was not for misrepresentation, use of coercion, intimidation, undue influence, coercion, inducement or any fraudulent means or marriage or marriage. The Designated Authority shall conduct inquiry in all such cases. There will also be a provision to declare such marriages void, if it is found that they have been solemnized under the guise of religion.