Why in the News?
Recently, the bill was introduced in the Rajasthan Legislative Assembly to prevent “unlawful” religious conversions.
What are the Draft Provisions under the Bill?
- Prohibition of Unlawful Conversion – The Bill bans religious conversions through misrepresentation, force, coercion, allurement, fraud, or marriage.
- Declaration & Inquiry for Voluntary Conversion – Individuals must submit a declaration to the District Magistrate (DM) 60 days in advance, with authorities conducting an inquiry to verify the intent.
- Burden of Proof & FIR Filing – The person facilitating the conversion must prove it was voluntary, and an FIR can be filed by the affected individual or close relatives.
- Punishments & Penalties – General unlawful conversion leads to 1-5 years of imprisonment, increasing to 2-10 years for minors, women, or SC/ST individuals; mass conversions attract 3-10 years in jail.
- Legal Consequences & Compensation – Marriages done solely for unlawful conversion are invalid, the offense is non-bailable, and courts may award compensation up to ₹5 lakh to victims.
What about those wanting to convert voluntarily?
- Those wanting to convert voluntarily would undergo a detailed process. A prescribed declaration form must be filled out and submitted to the District Magistrate (DM) or the relevant authority 60 days in advance and violations invite up to three years’ punishment and a minimum fine of Rs 10,000.
- The person performing the conversion ceremony would give a month’s advance notice to the DM via a prescribed form, and violating this would invite up to five years’ imprisonment and a minimum fine of Rs 25,000. An officer not below the rank of Additional DM will conduct a police inquiry regarding the real intention, purpose, and cause of the proposed religious conversion.
- The converted person must send a declaration in a prescribed form within 60 days of conversion to the DM, including details such as date of birth, address, and religion before and after conversion. The convert has to appear before the DM within 21 days from the date of filing the declaration to establish their identity and confirm the contents of the declaration.
Were attempts made to pass such a Bill earlier?
- 2006: BJP-led government under Vasundhara Raje introduced the Rajasthan Freedom of Religion Bill, 2006, to curb “forced” conversions.
- 2008: Amended version required prior approval from the District Collector but was stuck with the Centre.
- 2013-2018: Raje’s second tenure saw efforts to revive the 2008 Bill, but the Centre rejected it in 2017, citing deviation from national policy.
- 2017: Rajasthan High Court issued guidelines to prevent forced conversions in the absence of a law.
- 2025: The current Bill is seen as a successor to these previous attempts and is expected to pass in the budget session.
What would be the impact on Fundamental Rights?
- Right to Freedom of Religion (Article 25) – Every individual has the right to freely profess, practice, and propagate religion. However, the Bill imposes state scrutiny on religious conversions, which may be seen as a restriction on this right.
- Right to Privacy (Article 21) – The requirement of mandatory declaration to the District Magistrate and police inquiry into personal religious choices could infringe upon the right to privacy, recognized as a fundamental right in the Puttaswamy judgment (2017).
- Burden of Proof Issue – Placing the burden of proof on the person facilitating the conversion contradicts the legal principle of “innocent until proven guilty”, potentially violating Article 14 (Right to Equality).
- Criminalization and Fear – The stringent punishments and criminalization of conversion through marriage might discourage individuals from exercising their right to choose their faith or marry interfaith partners, potentially violating their personal liberty (Article 21).
Way forward:
- Ensure Constitutional Safeguards – Amend the Bill to align with Article 25 by distinguishing forced conversions from voluntary ones, reducing state overreach in personal religious choices, and upholding the right to privacy (Article 21).
- Fair Implementation & Oversight – Establish independent judicial review for conversion inquiries to prevent misuse, ensure burden of proof remains balanced, and introduce strict safeguards against harassment of individuals exercising their religious freedom.
Mains PYQ:
Q Examine the scope of Fundamental Rights in the light of the latest judgement of the Supreme Court on Right to Privacy.(UPSC IAS/2017)
