Karnataka on Thursday issued an ordinance banning forced religious conversions in the state, mirroring a controversial earlier legislation that didn’t clear the state’s Upper House, where the government doesn’t have a majority.
The bill restricts and penalises any conversion of faith by “misrepresentation, force, fraud, allurement or marriage” and carries a maximum punishment of 3-10 years and a fine of not less than ₹50,000.
“As you know, we have passed the anti-conversion bill and for various reasons, we could not get it passed in the council (Legislative Council) and we have decided to promulgate an ordinance,” said the state’s law and parliamentary affairs minister, JC Madhuswamy, in Bengaluru.
The state cabinet, headed by chief minister Basavaraj Bommai, had on Wednesday given its approval to bring in the law using an ordinance.
“Whatever has been passed by the assembly, it (the bill) will be the same. It did not go before the council, and since we have a provision under the Constitution, we have used it,” Madhuswamy said on Thursday.
Modelled on similar laws in other Bharatiya Janata Party (BJP)-ruled states like Uttar Pradesh and Madhya Pradesh, the bill that was passed on December 23 in the lower house amid strong opposition, was not placed before the council where the saffron party does not have a majority.
{{/usCountry}}Modelled on similar laws in other Bharatiya Janata Party (BJP)-ruled states like Uttar Pradesh and Madhya Pradesh, the bill that was passed on December 23 in the lower house amid strong opposition, was not placed before the council where the saffron party does not have a majority.
{{/usCountry}}An ordinance can be brought for six months when the legislature is not in session. It has to be converted into law within six weeks of the start of a session, or else it lapses.
The elections for the teachers and graduates’ constituencies of the legislative council are scheduled for June 3, which presents the BJP with a chance to gain a majority in the House.
“I don’t know why the Karnataka government is in such a hurry. They could not pass it (the bill) in the council, they did not have the numbers. But all of a sudden, it passed in the lower house,” Karnataka Pradesh Congress Committee, DK Shivakumar, said on Thursday.
The Congress, the Janata Dal (Secular) or JD(S), and a large section of activists and civil society members have opposed the bill.
At the time, the BJP had contended that it was the Siddaramaiah-led Congress government that brought in the anti-conversion bill in 2016 which the saffron party said was just reintroducing.
The bill proposes imprisonment of 3-5 years with a fine of ₹25,000 for violations. For violation of provisions with respect to minors, women, Scheduled Castes and Scheduled Tribes, offenders will face imprisonment from 3-10 years and a fine of not less than ₹50,000.
“No person shall convert or attempt to convert, either directly or otherwise, any other person from one religion to another by use or practice of misrepresentation, force, undue influence, coercion, allurement or by any fraudulent means or by any of these means or by promise of marriage, nor shall any person abet or conspire such conversion: Provided that if any person reconverts to his immediate previous religion the same shall not be deemed to be a conversion under this Act,” according to the new bill.
The bill states that anyone willing to convert will have to submit an application to the DC (District Collector) who will scrutinise the application, interview the applicant to ascertain if the conversion is not by force or allurement. If the application is found to be genuine, then other departments will be informed to ensure the converting person loses benefits from his existing caste or religion and be included into the category into which the said person is converting.
Rev. Peter Machado, Archbishop of Bangalore on Thursday said that this move would impact the harmonious relationship between different communities.
“There have been no incidents neither of conversion, nor of aggressive incidents against the community. We cannot understand the sudden turn of events and what is on the mind of the government with the ordinance in hand, there is no doubt that the fringe elements and groups will try to create problems for the members of our Community, as we have seen in the past and the Government is in no control of them,” he said.
Machado added that the Christian community members will appeal to the Governor not to give his assent to the bill.