Updated: December 26, 2020 3:55:56 pm
A special meeting of Shivraj Singh Chouhan’s cabinet on Saturday (December 26) authorized the Madhya Pradesh Dharma Svatantra Adhiniyam, 2020, also known as the Freedom of Religion Bill, 2020.
The stated goal of the bill now before the Assembly is to stop forced religious conversions under the pretext of marriage, along with the use of force and misrepresentation or other fraudulent means.
The bill is likely to be brought to the House of Madhya Pradesh during the three-day session that begins on Monday (December 28).
Why does the government intend to enact this new law?
A similar law, MP Dharma Swatantra Adhiniyam, 1968, to curb religious conversions, is currently in effect in the state. This law will be repealed and replaced by the new Freedom of Religion Bill of 2020.
It has been argued that the old law is ineffective in current circumstances and that its definitions are insufficient to stop forced conversions. The new bill was formulated to ensure that loopholes in existing law are plugged, with stricter penalties and higher penalties for those who break it.
The bill prohibits the use of misrepresentation, seduction, threat, force, undue influence, coercion, marriage, or any fraudulent means for religious conversion. It also prohibits the use of abuse or conspiracy for religious conversion.
But are people not free to choose their religion? What if someone wants to convert voluntarily?
Once the bill becomes law, a person who wants to undergo a religious conversion of their own free will and the priest who carries out the religious conversion must notify the district official at least 60 days before the date. expected conversion. .
If the priest who is carrying out the religious conversion does not inform the district official 60 days in advance, he can be imprisoned for 3-5 years and pay a fine of Rs 50,000.
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What other punitive action does the new bill specify?
Anyone who carries out religious conversions in violation of the procedure set out in the bill will face a prison term of 1 to 5 years and a minimum penalty of Rs 25,000.
In case those who convert are minors, women or members of a programmed caste or programmed tribe, the minimum punishment is a jail term of 2 years, which can be up to 10 years, along with a minimum sentence 50,000 rupees.
Those who use misrepresentation or spoofing, in which they identify themselves from a different religion to befriend someone else, and then indulge in conversion, will face a prison term of 3 to 10 years along with a minimum sentence 50,000 rupees.
For mass conversions with two or more people, a prison sentence of 5 to 10 years is prescribed, with a minimum penalty of 1 lakh rupees. Repeat offenders who resort to illegal means for religious conversion will face a prison term of 5 to 10 years.
Who can register a crime under the new proposed law?
In the event of forced conversion, the person who has been converted, their parents and siblings, can report the alleged crime at the nearest police station.
The new law also empowers the guardian or custodian to go to court with their complaint and subsequently obtain an order to register a crime with the police.
Who will investigate these cases of religious conversion? Where will the case be heard?
The crime is recognizable and not subject to bail. You will be investigated by a police officer of no lower rank than the deputy inspector at the local police station.
The session court is empowered to hear matters related to the 2020 Freedom of Religion Bill. The burden of proving innocence rests with the accused.
What if a marriage takes place in contravention of the provisions of the proposed law?
Such marriage will be annulled under the proposed law. A child born of such a marriage shall have the right to his father’s property. Both the woman and the child shall have the right to receive maintenance from the father even after the marriage has been annulled and without effect.
The registration of religious organizations engaged in forced conversions will be canceled. Those who indulge in mass conversions will also face a jail term of up to 10 years and a penalty of not less than 1 lakh of rupees.
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