Experts pick holes in Haryana’s anti-conversion bill

Say the inclusion of divine pleasure or promise in the definition of allurement makes the proposed law capricious and irrational

The anti-conversion bill introduced by the BJP-JJP government in Haryana assembly on Friday may turn out to be an ineffective piece of legislation.

While legal experts have pointed out chinks in the proposed law, leaders of the opposition parties said the sole intent behind enacting this legislation was to polarise society. (Picture for representational purpose (HT file))

While legal experts have pointed out chinks in the proposed law, leaders of the opposition parties said the sole intent behind enacting this legislation was to polarise society.

The Haryana Prevention of Unlawful Conversion of Religion Bill, 2022, seeks to prohibit religious conversions effected through misrepresentation, force, undue influence, coercion, allurement or by any fraudulent means or marriage, by making it an offence.

Chinks in the tabled bill

Picking holes in the document, legal experts said besides the issue of constitutional validity, the inclusion of divine pleasure or promise in the definition of allurement makes the proposed law capricious and irrational. “People may adopt a particular religion for spiritual gratification or divine pleasure. A person claiming spiritual gratification from his religion and facilitating another person to convert may become subject of criminal prosecution under the proposed law,” said a leading lawyer.

The law secretary to the state government, who vetted the bill in 2021, had raised several objections on the proposed legislation, stating that it was in violation of constitutional scheme of private liberty and privacy of an individual; against the constitutional scheme in terms of fundamental duties enshrined under Article 51-A of the Constitution, against the provisions of Special Marriage Act and contained several contradictory and legally weak provisions. The law secretary in her note had also said that definition of allurement conferred a vague sense.

Also, the provision allowing an individual to return to the religion professed by his or her parents and grandparents was termed arbitrary and biased by the law secretary in her 2021 note.

Legal experts said since the proposed law can only be enforced in Haryana, those intending to convert without going through the process laid down by the proposed law can go for conversion or marriage in neighbouring union territories and states like Chandigarh, Delhi, and Punjab, where such a law is not in force.

Omissions in the proposed law

While the statement of objects and reasons of the bill speak about greater punishment for conversions in respect of minors, women, persons from scheduled castes and tribes, the bill actually does not contain any such provision.

“It’s an impractical law and flawed. It provides for filing of complaints by parents or siblings or a blood relation even if the conversion is of an adult. Third parties have no right to interfere in one’s personal affairs. This is unconstitutional and impinges on one’s fundamental right. These are political games with no public interest involved,” said a leading lawyer of Punjab and Haryana high court.

‘Sole aim is to divide people on basis of religion’

Congress general secretary and a lawyer, Randeep Singh Surjewala, said that intent behind tabling this bill was to further the BJP’s agenda of polarisation, divisiveness and hatred. “The bill is founded on malafide intention of dividing the society on religious lines. No one in this country can forcibly convert anyone and the existing laws, including the IPC, has enough criminal sanction to deter anyone from doing so. This is the 11th state where such copy-paste bills have been passed which are deeply flawed and inactionable purely with a view to subserve the BJP-RSS agenda,” he added.

Commenting on the inclusion of divine pleasure or promise in the definition of allurement, Surjewala said it reflected that neither does the Khattar government have comprehension or understanding of Hindusim nor of the very factum of conversion. “Godliness is divine pleasure and the very mention of the word divine pleasure reflected an imbecile and brainless understanding of God’s grace,” he said.

Congress MLA from Rohtak, BB Batra said it was BJP’s political agenda to create disharmony in the society. “The Bill is against the basic structure of the Constitution. The government should come up with comprehensive data on how many religion-based conversions or mass conversions have taken place in the state and have any FIRs been registered,” he added.