How is UP's anti-conversion or 'Love Jihad' bill different from other Indian states? Explained
The enactment of anti-conversion laws in various states reflects a broader trend of legislative action addressing religious conversions, a subject that has long been a contentious issue in India’s socio-political landscape.
The Anti-Conversion Bill is a legislative measure aimed at regulating religious conversions. Several states in the country have passed this bill, citing concerns over forced or fraudulent conversions. The bill has stirred significant debate and controversy, reflecting the complex interplay of religion, politics, and individual rights in India.
The Anti-Conversion Bill seeks to curb religious conversions that are alleged to occur through coercion, fraud, allurement, or marriage. The legislation typically mandates that individuals wishing to convert to another religion must inform the authorities in advance, often including the provision of seeking permission from a magistrate. The bill also includes stringent penalties for those found guilty of violating its provisions, targeting both individuals and organizations involved in such conversions.
So far, as many as ten states have passed this bill in their respective assemblies including Uttar Pradesh. The passage of the Anti-Conversion Bill has led to legal challenges in several states, with opponents arguing that it violates fundamental rights guaranteed by the Constitution of India. As more states consider adopting the Anti-Conversion Bill, the discourse surrounding it is likely to intensify.
List of states that implemented the anti-conversion law
- Uttar Pradesh
- Odisha
- Madhya Pradesh
- Haryana
- Gujarat
- Chhattisgarh
- Himachal Pradesh
- Jharkhand
- Karnataka
- Uttarakhand
UTTAR PRADESH
Last month on July 30, the Uttar Pradesh Assembly passed a bill to amend the Prohibition of Unlawful Conversion of Religion Act-2021, making the law stricter by providing for a maximum punishment of life imprisonment. The bill, officially titled the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, was introduced with the intent to prevent conversions carried out through coercion, deceit, or under the guise of marriage. It mandates stringent penalties for those found guilty of violating its provisions, including potential jail time and hefty fines.
Quantum of punishment: Earlier the maximum punishment provided for those found guilty of marrying a woman by deceiving her and illegally converting her religion was 10 years with a fine of Rs 50,000. The amended bill has proposed that if a person threatens, attacks, marries or promises to marry or conspires for it, or trafficks a woman, minor or anyone with the intention of conversion, then his crime will be placed in the most serious category. In such cases, there is a provision of up to 20 years imprisonment or life imprisonment.
ODISHA
Quantum of punishment: The government of Odisha (then Orissa) was the first state to institute anti-conversion law. The Orissa Freedom of Religion Act, 1967 "provides that no person shall convert or attempt to convert, either directly or otherwise, any person from one religious faith to another by the use of force or by inducement or by any fraudulent means." Violation of the law is punishable by one-year imprisonment and a fine or Rs 5,000, or both. It became a model for other states.
MADHYA PRADESH
Quantum of punishment: Madhya Pradesh was the second state to have anti-conversion law. It passed its Dharma Swatantrya Adhiniyam (Religious Freedom Act) in 1968 enforcing the "prohibition of conversion from one religion to another by use of force or allurement, or by fraudulent means, and matters incidental thereto." Punishment for the offence was either one-year jail term or a fine of Rs 1,000, or both. The Madhya Pradesh Freedom of Religion Ordinance, 2020, enforced in 2021, imposes offence with up to one year in prison, and a fine of Rs 5,000. In case a minor, woman or a member of scheduled caste or scheduled tribe, imprisonment can be up to two years imprisonment, and a fine of Rs 10,000.
HARYANA
Quantum of punishment: The Haryana Prevention of Unlawful Conversion of Religion Act, 2022, provides a penalty of one to five years imprisonment and a fine of Rs 100,000. It also makes concealment of religion during marriage a punishable crime carrying a penalty of three to ten years imprisonment and a fine of Rs 300,000.
GUJARAT
Quantum of punishment: The Gujarat Freedom of Religion Act, 2003 was created in 2003 and updated as the Gujarat Freedom of Religion (Amendment) Bill in 2006 and in 2021. Offenders can be imprisoned for three years with a fine of up to Rs 50,000. Offenders belonging to minor, scheduled caste or scheduled tribe or a woman can be fined up to Rs 100,000. The 2021 amendment specifies inter-religious marriage as a form of forced conversion. However, the Gujarat High Court withheld the clause.
CHHATTISGARH
Quantum of punishment: The Chhattisgarh Religion Freedom (Amendment) Act, 2006 legalised either a three-year imprisonment and a penalty up to Rs 20,000 or both for offenders. In case an offender is a minor, woman or a member of scheduled caste or scheduled tribe, the penalty increases to four years imprisonment, and a fine of Rs 2,00,000.
HIMACHAL PRADESH
Quantum of punishment: The Himachal Pradesh Freedom of Religion Act was introduced in 2006. It was revised as the Freedom of Religion (Amendment) Bill, 2022, with milder penalties. The punishment for forced conversion was reduced to one to five years from the earlier 10 years. Marriage involving religious conversion is illegal. If conversion involves a minor, woman or a member of a scheduled caste or scheduled tribe, the imprisonment is two to seven years.
JHARKHAND
The Jharkhand Freedom of Religion Act, 2017 imposes imprisonment of up to three years and a fine of Rs 50,000 or both for offences. The penalty is higher, a four-year imprisonment and Rs 100,000 fine, or both, if the person converted is a minor, woman or a member of scheduled caste or scheduled tribe.
KARNATAKA
The Karnataka Protection of Right to Freedom of Religion Act, 2021, was approved in 2022 which prohibits unauthorised inter-religious marriage. Any forced conversion is punishable by three to five years imprisonment, and a fine of Rs 25,000. In case an offender is a minor, woman or a member of scheduled caste or scheduled tribe, the penalty increases to three to ten years imprisonment, and a fine of Rs 50,000. Mass conversion will lead to three to ten years of imprisonment, and a fine of Rs 100,000.
UTTARAKHAND
The Uttarakhand Freedom of Religious Act, 2018 mandates a punishment to offenders of one to five years in prison, or two to seven years in case of a minor, woman or a member of a scheduled caste or scheduled tribe.