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On August 13, the Himachal Pradesh Assembly passed the Freedom of Religion (Amendment) Bill, 2022 – a more stringent version of the existing anti-religious conversion law passed in 2019. The Himachal Pradesh Freedom of Religion Act, 2019, in turn, had amended a 2006 anti-conversion law with lesser punishments.
The amended HP legislation 2022 inserts a specific mention of “mass conversion” in the 2019 law, which “forbids change of religion through force or allurement”, and enhances punishment for forced conversion to a maximum of 10 years from seven years.
The complaints made under the new law will be investigated by a sub-inspector, with offences to be tried by a sessions court. Any “marriage for the sole purpose of conversion is declared null and void” under Section 5 of the Act. Those seeking to convert and those performing a conversion will have to give a month’s prior notice to the District Magistrate (DM).
A look at the anti-conversion laws in various states over the years, their similarities and differences:
It is the first such law in the country and prohibits conversion from one religion to the other by “force or inducement or by fraudulent means”. Violations will result in a jail term of one year or a fine of five thousand rupees or both.
The law says that “no person shall convert or attempt to convert, either directly or otherwise, any person from one religious faith by the use of force or by inducement or by any fraudulent means nor shall any person abet any such conversion”. Violation to be punished by an imprisonment of two years, with a fine of up to ten thousand rupees. Those converting and those performing the conversion need to send an intimation within a prescribed period to the DM, or may face a punishment of one year or with fine that go up to thousand rupees or both.
The law prescribes punishment of three years for forced conversion, with a fine of up to Rs 50,000. In cases involving a woman, minor, Scheduled Caste (SC)/ Scheduled Tribe (ST), the fine can go up to one lakh rupees. Prior permission from the DM is required and it is a cognisable offence.
The 2006 amendment sought to make specifications in the “convert” category by stating that “The provisions shall not apply to inter-denomination conversion of the same religion”. The Buddhist and Jain communities objected to this and the Bill was also withdrawn in 2008.
In 2021, the government brought in another amendment to the previous law – a clause on interfaith marriages as a means to carry out forced conversion, among others. Sections of the law were stayed by the Gujarat High Court, saying “that the burden of proof fell on the parties entering into the inter-faith marriage” that it was not solemnised on “account of any fraud, allurement, or coercion”.
It provides a three-year jail term and penalty up to Rs.20,000 or both. The law makes it mandatory for a person who wants to convert to get approval 30 days in advance from the DM. The DM will have the authority to reject or accept the application after examining the case.
The law mandates Imprisonment of three years and a fine of Rs 50,000 or both and a four year imprisonment and Rs 1 lakh fine, or both, if the person converted is a minor, woman or a member of SC or ST. The DM will have to be informed about “time, place and the person who administers the conversion proceedings,” with those converting and those performing conversions having to take permission from the DM. The offences are non-bailable.
The Act says that “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 such conversion”. Any “aggrieved peron” or his “parents or brother and sister” may complain to the court.
It mandates a prison term of one to five years for the same, and two to seven, if it is a minor, woman or from an SC/ST community. The offence is non-bailable.
Those seeking to convert and those performing the conversion need to submit a declaration of the proposed religious conversion to the DM two months and one month in advance, respectively. The DM must conduct a police enquiry into the “intention, purpose, and cause of the proposed conversion.” The law provides for a minimum punishment of a year, which can be extended up to five years, Higher punishment, between two and 10 years, is given to those convicted of causing conversion of a woman, a minor or a person belonging to the SC/ST community.
A marriage can be declared void “if it was done for the sole purpose of unlawful conversion, or vice versa, and “religious conversion was not done as per the procedure specified” in the legislation.
It also paves way for complaints against coerced conversion, with an FIR being filed by any “aggrieved person, his/her parents, or siblings, or any other person related to them by blood, marriage, or adoption”. The offence is cognisable and non-bailable.
It prohibits conversion of religion through “coercion, force, misrepresentation, undue influence, and allurement” as well as fraud, or marriage and prohibits a person from “abetting, and conspiring” to such conversions, with It has the provision to declare such conversions “null and void”. Those seeking to convert, or performing the conversion and persons organising a religious conversion have to declare 60 days in advance. Violating this procedure will attract punishment of imprisonment between three and five years, and a fine of Rs 50,000. The offence is cognisable and non-bailable.
The law prohibits forced religious conversion but also specifies the procedure for undertaking a religious conversion. No person to force someone to convert through “misrepresentation, coercion, and allurement”. It adds: “marriage done for sole purpose of unlawful conversion or vice- versa to be declared null and void.” The converted person or others who are related by blood can lodge a complaint.
Imprisonment for forced conversion is 3-5 years, with a fine of Rs 25,000. In cases involving a minor, woman, SC/ST, or a person of unsound mind, the punishment is stricter – 3-10 years, with a fine of Rs 50,000. For two or more persons, which the Act defines as “mass conversion”, the jail term is 3-10 years with a fine of Rs 1 lakh.
A person seeking to convert and those performing the conversion will submit a declaration 30 days in advance to the DM. The DM will notify the proposed religious conversion on the notice board of the offices of the DM and tehsildar, with any person being allowed to file an objection to the proposed conversion within those 30 days.
It provides for punishment of one to five years and a fine of Rs 1 lakh for conversion done by “allurement, use of force, coercion or fraudulent means, including the use of digital mode” . The period of imprisonment can go up to 10 years, with a fine of Rs 3 lakh, for whoever converts or attempts to convert a minor, woman or a person belonging to the SC or ST.
The offences are cognisable and non-bailable. The law makes concealing religion for marriage a punishable offence, with “anyone concealing his religion with the intention to marry” being punished for three years, which may extend to 10 years as well as liable to fine of Rs 3 lakh. Prior information to the DM is needed before the conversion.
