Verghese V Joseph –
Amidst opposition from various quarters, Karnataka Governor Thawar Chand Gehlot on Tuesday gave his assent and promulgated the ordinance brought in by the BJP government on the controversial Karnataka Protection of Right to Freedom of Religion Bill, 2021 popularly known as the anti-conversion Bill.
The Karnataka Protection of Right to Freedom of Religion Ordinance, 2022, prohibits conversion from one religion to another by “force” or “fraud”. Under the ordinance, a marriage can be declared null and void if done for the “sole purpose of religious conversion”.
According to an official gazzette notification, “Whereas the Karnataka Legislative Assembly and the Karnataka Legislative Council are not in session and the Honourable Governor of Karnataka is satisfied that the circumstances exist which render it necessary for him to take immediate.”
On Monday, Christian leaders had met Gehlot with a plea opposing the anti-conversion law. Archbishop of Bengaluru Peter Machado, in the memorandum, had appealed to the governor to refrain from giving his assent to the ordinance.
On Tuesday, home minister Araga Jnanendra said the state government was committed to strictly implement the anti-conversion law, for which the cabinet had decided to promulgate an ordinance last week.
Jnanendra said the ordinance was not against any religion, but affirmed that religious conversion by force or through inducement had no place under the legislation. He tried to allay fear in the Christian community, saying there was nothing in the ordinance that curtailed constitutionally provided religious rights.
Defending the ordinance, the minister said this step had been taken to “maintain peace and order in the society”.
The BJP government’s move to bring in the anti-conversion law in the state had drawn criticism from the opposition and Christian groups. “The Bill, which was passed in the Assembly in December last year, has got the assent of the Governor which will now be an ordinance. It will be tabled before the Upper House (council) in the next session,” said Jnanendra.
With the Governor according to the permission for the proposed Bill, the ruling BJP is all set to implement the Bill which proposes stringent measures on illegal religious conversion. The Bill has been passed by the Assembly but is yet to be presented in the Legislative Council, where the ruling BJP is one seat short of majority. However, the top leaders have decided to put the Bill into execution through an ordinance — which will have to be approved by both the houses within 6 months.
The Karnataka Protection of Right to Freedom of Religion Ordinance, 2022, is likely to remain effective until the bill is passed in the legislative council during the next session.
The Karnataka government had tabled the controversial measure in the Assembly session in Suvarna Vidhana Soudha at Belagavi on December 21, 2021. All legal entities, educational institutions, orphanages, old age homes, hospitals, religious missionaries, and NGOs are brought under the purview of institutions.
In the 75-member council, the Congress and JDS have 41 members and the BJP has 32 while two are Independent members. The BJP is expected to get a clear majority in the council when the polls are held for seven seats on June 3.
The Karnataka Protection of Right To Freedom of Religion Ordinance aims to prevent conversion under various circumstances. The ordinance reads, “No person shall convert or attempt to convert either directly or otherwise any other person from one religion to another by use of misrepresentation, force, undue influence, coercion, allurement or by any fraudulent means or by marriage, nor shall any person abet or conspire for conversions.”
According to the proposed law, complaints of conversions can be filed by family members, people who are related or even a colleague of the person who is getting converted.
A jail term of 3-5 years and a fine of Rs 25,000 has been proposed for people violating the law and converting people from general categories and a jail term of 3-10 years and a fine of Rs 50,000 for people converting minors, women and persons from the SC and ST communities.