What is the anti-conversion law that Karnataka is scrapping?

The Karnataka government is going to withdraw its anti-conversion law. The decision, taken on Thursday by the newly-formed cabinet of the Siddaramaiah-led Congress government, has drawn howls of protest from the Opposition BJP. But what is the law being scrapped? Why is Congress scrapping it? And what is the BJP saying?  Let’s take a closer look:  The anti-conversion law The law is entitled the Karnataka Protection of Right to Freedom of Religion Act. It was passed in September 2022 by the then Basavaraj Bommai-led government. It was piloted by then home minister Araga Jnanendra amid strong Opposition in the Winter Session of the Assembly. The Bommai administration at the time said the Act would protect the “right to freedom of religion and prohibition of unlawful conversion from one religion to another by misrepresentation, force, undue influence, coercion, allurement or by any fraudulent means.”

The bill defines allurement  – tempting a person to convert – as an offence.

This could be in the form of

• A gift
• Gratification, easy money or material benefit, either in cash or kind Employment
• Free education in school or college run by any religious body
• Promise to marry
• Better lifestyle
• Divine displeasure or otherwise
• Portraying practice, rituals and ceremonies or an integral part of a religion in a detrimental way or glorifying one religion against another religion.

As per The Federal, the law makes forcible conversions a non-bailable offence.  The law states that marriages undertaken with the ‘sole intention’ of unlawful conversion would be considered annulled by the courts on a petition by either of the partners. The law mandates that a first-time offender will be subject to a prison term of three to five years with a penalty of Rs 25,000. However, those found converting minors, persons of unsound mind, women, or persons belonging to the SC/ST face a prison term of three to ten years with a Rs 50,000 fine. An offender found violating the law a second time is subject to a five year prison term and a penalty of Rs 2 lakh. [caption id=“attachment_11443431” align=“alignnone” width=“640”] Representational Image. ANI[/caption] The law also mandates a three-to-ten-year jail sentence and a Rs 1 lakh penalty for those found guilty of mass conversions (defined as two or more). According to NDTV, the anti-conversion law shifts the burden of proof on the defendant to prove that he or she is not guilty. As per Hindustan Times, the law further alters the rules for those wanting to convert. The law requires a person wishing to change their religion of their own volition to submit a statement to the District Magistrate (DM) at least 30 days in advance. According to The Mint, the person performing the conversion must also give the district magistrate 30 days advance notice. The law also allows objections to conversions to be submitted to the District Magistrate – who would then be allowed to call for an inquiry.

Then law minister JC Madhuswamy defended the bill at the time of its passage.

Madhuswamy told NDTV, “We are not restricting anybody who voluntarily takes up a religion, for which he must submit an application to the Deputy Commissioner and give a statement before the DC voluntarily. If forcible conversion is made and if we receive complaints, action will be taken,” he added. Meanwhile, Bommai, then the chief minister, said, “It will not stop anyone from choosing any religion but only prohibits forcible conversion and conversion done by allurement.” The Times of India quoted Jnanendra as saying at the time that a person converting will lose the benefits of the religion including reservations, but is also likely to receive the benefits of the religion he or she converts to. The Congress at the time vociferously protested against the law being enacted and had even walked out of the House. “It is an unconstitutional bill and is against the Articles 25,26,15 and 29 of the Constitution,” BK Hariprasad, the then Leader of the Opposition in the Legislative Council was quoted as saying by NDTV. “The government says it is not against any community. But most members who spoke from the treasury bench were spitting venom against the minority community,” he added. According to Hindustan Times, the first case under the new law came in October 2022 after a Muslim was arrested for allegedly converting a woman under the pretext of marriage. In November, the police booked another man under the law for luring a minor of another religion and allegedly harassing her for marriage. The man was booked under the Protection Of Children from Sexual Offences (POCSO) Act for allegedly taking objectionable pictures of the minor. Why is Congress scrapping it? The Congress after winning a huge victory in Karnataka in May had vowed a relook at the previous BJP government’s policies, bills and executive orders including anti-conversion, anti-cattle slaughter and Hijab ban laws, among others. Priyank Kharge on 24 May tweeted:

The Govt stands firm on reviewing any bill passed by the previous BJP Govt that:
-affects the image of state
-deters investment
-does not create employment
-is unconstitutional
-violates rights of an individual

We want to build an economically & socially equal Karnataka

— Priyank Kharge / ಪ್ರಿಯಾಂಕ್ ಖರ್ಗೆ (@PriyankKharge) May 24, 2023

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The Siddaramaiah-led government said it will introduce a bill in this regard in the upcoming legislature session, which starts on 3 July. “The Cabinet discussed the anti-conversion bill. We have approved the bill to repeal the changes that were brought in by them (the BJP government) in 2022. It will be tabled during the session starting from 3 July,” Law and Parliamentary Affairs Minister HK Patil told the media after a cabinet meeting.  What is BJP saying? The BJP on Thursday slammed the Congress as the ‘new Muslim League’. Is this “Mohabbat Ki Dukaan” Mr @RahulGandhi ?" asked senior BJP leader and former Union Minister Basanagouda R Patil (Yatnal) on Twitter. Chief Minister Siddaramaiah’s “Anti Hindu agenda” is exposed, he added. Do you want Hindus to be wiped out? Conversion Mafia has influenced Siddaramaiah and his cabinet to withdraw “Anti Conversion Law” which was introduced by BJP, he added. BJP national general secretary CT Ravi claimed the “Conversion Mafia” in Karnataka “ensures that the AntiHinduCONgress repeals the anti-conversion law brought in by the @BJP4Karnataka government.” “CONgress is the new Muslim League and it will go to any extent to hurt Hindus”, Ravi tweeted. Tejasvi Surya tweeted:

Congress Govt in Karnataka is fulfilling the PFI’s agenda in Karnataka.

By deciding to repeal anti conversion law, Cong Govt is clearly going against the Constitution and the judgements of the SC that clearly prohibit fraudulent religious conversions.

By wanting to drop…

— Tejasvi Surya (@Tejasvi_Surya) June 15, 2023

But Archbishop of Bangalore, Peter Machado, hailed the Congress government’s decision. “The Anti-conversion Bill in Karnataka and in other states have increased the attacks on the Christians, as it encouraged the fringe elements to attack and cause harm to Christians. It fueled doubts, mistrust and disharmony between communities. I hope the other States will also follow suit and withdraw the bill,” Machado told Economic Times.  Machado had in September 2022 urged Bommai not to promote “an undesirable and discriminatory bill” and in the interest of peace and harmony. With inputs from agencies Read all the  Latest News ,  Trending News ,  Cricket News ,  Bollywood News , India News  and  Entertainment News  here. Follow us on  Facebook_,_  Twitter and  Instagram_._