Now, MP Cabinet clears law against ‘love jihad’
GHAR WAPSI, OR CONVERSION BACK TO ANCESTRAL RELIGION, WON’T BE TREATED AS A VIOLATION OF LAW
BHOPAL: The Madhya Pradesh Freedom of Religion Bill 2020, which provides for prison term of up to 10 years and fine of Rs 1 lakh for forced religious conversion through marriage or by any other fraudulent means, got the state cabinet’s approval on Saturday, home minister Narottam Mishra said.
He claimed that once enforced, it will be the most stringent law in the country against religious conversion carried out by fraudulent means, allurement or threat. The violation of the proposed law will be considered a cognisable and non-bailable offence, he said.
After the cabinet’s approval, the bill will now be presented in the state Assembly.
The Madhya Pradesh government’s move is the latest in a series of similar developments across Bharatiya Janata Partyled states in taking action against “love jihad” -- a term used by right-wing activists to describe relationships between Muslim men and Hindu women, but one that the courts and the Union government do not officially recognise.
Last month, the Yogi Adityanath government in Uttar Pradesh cleared the UP Prohibition Of Unlawful Conversion Of Religion Ordinance 2020 that spells out punishment of up to 10 years in jail for conversion by marriage. BJP-led Haryana too has said it is bringing a similar law, which has riled activists and opposition parties, who say it is unconstitutional because it practically outlaws interfaith relationships.
Judicial challenges to the UP law are pending before the Allahabad high court and the Supreme Court. “This bill will replace the Religious Freedom Act of 1968 (after the approval by the state Assembly),” Mishra said on Saturday.
BHOPAL: The Madhya Pradesh Freedom of Religion Bill 2020, which provides for prison term of up to 10 years and fine of ₹ 1 lakh for conversion through marriage or by any other fraudulent means, got the state cabinet’s approval on Saturday, home minister Narottam Mishra said.
He claimed that once enforced, it will be the most stringent law in the country against religious conversion carried out by fraudulent means, allurement or threat.
The violation of the proposed law will be considered a cognisable and non-bailable offence, he said.
After the cabinet’s approval, the bill will now be presented in the state Assembly.
“This bill will replace the Religious Freedom Act of 1968 (after the approval by the state Assembly),” Mishra said.
“The new legislation will prohibit religious conversion or such efforts by misrepresentation, allurement, force, undue influence, coercion, marriage or any other fraudulent means. Abetment and conspiracy for religious conversion will also be prohibited under it,” he said.
Any marriage solemnized in violation of this law will be considered null and void, the minister said, adding that family court will hear such cases.
A provision has been made that those willing to convert need to apply before the district administration 60 days in advance, Mishra said.
The religious leaders facilitating the conversion should also inform about it 60 days in advance, he added.
Its violation would attract imprisonment of three to five years and fine of ₹50,000, he said. Mishra said that there would be a provision one to five years of imprisonment and fine of ₹25,000 for the religious conversion carried out in violation.
In cases of religious conversion of Scheduled Caste (SC), Scheduled Tribes (ST) and minors, a provision has been made for imprisonment of two to ten years and ₹50,000 fine, he said. There is provision of three to ten years of imprisonment and fine of ₹50,000 in cases of marriage carried out by hiding religion, misrepresentation and impersonation, he said.
The minister said that in case of mass religious conversions (of two or more persons), a provision of five to ten years of imprisonment and minimum fine of ₹one lakh has been made.
Those found violating the law for more than once will face five to ten years of imprisonment, Mishra said, adding that the registration of any organisation involved in such violation would be cancelled and those involved will also face the punishment.
Religious conversion in violation of this law would be considered null and void, he said.
The parents, legal guardian or custodian and brothers and sisters of the converted person can lodge a complaint in this regard, he said, adding that the crime would be cognisable and nonbailable.
Mishra said the offence would be investigated by an officer who is not lower in rank than sub-inspector and it would be the responsibility of the accused to prove his innocence.
A child born to the victim women will be entitled to get maintenance under the proposed law. Such children would be entitled to inherit the fathers properties, he said.
The new legislation will prohibit religious conversion or such efforts... Abetment and conspiracy for religious conversion will also be prohibited under it NAROTTAM MISHRA, Home minister