Like UP law, Karnataka anti-conversion Bill addresses right wing demands on ‘love jihad’

While the stated objective of the proposed law is to prevent forced religious conversions, the Bill also contains clauses that are intended to curb conversions for marriages – termed ‘love jihad’ by the BJP’s right-wing support base. This is along the lines of clauses in the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Ordinance, 2020, commonly referred to as the ‘love jihad’ law.

Clauses pertaining to the ban on conversions through marriages in both the UP legislation and the Karnataka Right to Freedom of Religion Bill, 2021 (clause six in both cases) are identical in nature.

“Any marriage which was done for sole purpose of unlawful conversion or vice-versa which was done by the man of one religion with the woman of another religion either by converting himself before or after the marriage or by converting the woman before or after marriage shall be declared as null and void by the family court or, where the family court is not established, the court with jurisdiction to try such a case on a petition filed by either party thereto against the other party to marriage,” it states.

Dealing with ‘love jihad’

According to Karnataka Home Minister Araga Jnanendra, who has piloted the Bill, the proposed law is intended to deal with ‘love jihad’ as well. “Love jihad involves marriage and there are provisions to curb marriages for the purpose of conversion (in the Bill),” Jnanendra stated while indicating that no separate ‘love jihad’ law is needed if the anti-conversion law is brought into force.

“Since there is no legal definition for the term ‘love jihad’, it has been decided that the issue can be addressed by preventing conversions for marriages,” said sources in the state’s Home Ministry.

Ahead of the Karnataka legislature session, there had been speculation that the BJP government may move two separate bills to tackle the pet-peeves of the right wing – religious conversion and ‘love jihad’.

“We have been stating from the beginning that the BJP government will bring in an anti-cow slaughter law and an anti-conversion law. We are committed to it. I will go ahead and say that in the days to come, we will also bring a law against love jihad,” Minister for Energy, V Sunil Kumar, had stated ahead of the winter session of the Assembly in Belagavi.

“We have seen many reports in newspapers and in the electronic media about conversions due to love jihad. I don’t know about other states, but in Karnataka we are going to end this. The luring of young girls with the use of money or love is something we are taking seriously. We will take stern steps to end this,” former Karnataka BJP chief minister B S Yediyurappa had stated when he was in power several months ago.

The issue of cow slaughter, religious conversions, ‘love jihad’ and protection of Hindu culture are core issues among the BJP’s support base in regions where communal sensitivity is high and the right wing is dominant, like coastal Karnataka.

Modelled on similar laws in other states

The proposed Bill is also largely modelled on laws banning religious conversions in UP, Gujarat, Madhya Pradesh and Himachal Pradesh. “We have considered the existing laws on conversion in different states. We have also considered the judgments delivered when these laws were challenged. The Bill has been drafted after consideration of all these aspects,” said an official in Karnataka’s Law Ministry.

Like the UP anti-conversion law, the Karnataka Bill addresses the right wing’s concerns over ‘love jihad’ by seeking to regulate inter-faith marriages. As per the law, marriages – in which religious conversions have taken place for the convenience of wedding – will have legal recognition only if the conversion was brought to the notice of a district magistrate 30 days before the conversion and 30 days post conversion.

“No person shall convert or attempt to convert either directly or otherwise any other person from one religion to another by use of misrepresentation, force, undue influence, coercion, allurement or by any fraudulent means or by marriage, nor shall any person abet or conspire for conversions,” says the Bill.

According to the proposed law, complaints regarding conversions can be filed by family members or colleagues or anyone related to the person who is getting converted. A jail term of three to five years and a fine of Rs 25,000 has been proposed for violators in the case of people from general categories, and a jail term of three to 10 years, and a fine of Rs 50,000 for those converting minors, women or persons from SC/ST communities.

The Karnataka Right to Freedom of Religion Bill, 2021 is expected to be debated in the state Legislative Assembly on Wednesday with the Opposition Congress and JD(S) opposing the Bill. The BJP has enough strength in the Assembly to pass the Bill, but may hit a roadblock in the Legislative Council where the combined Opposition has more numbers and a JD(S) member is the chairman.

The BJP may seek to get the Bill passed in the Assembly before the end of the current session on Thursday or Friday and could wait for 2022 – when it will have more numbers in the Council – to eventually push the Bill through, government sources said.