“10-yr jail for forced conversion, no reservation to converts”: Himachal Pradesh religious conversion law gets more teeth

Shimla: The Jai Ram Thakur government has passed the Himachal Pradesh Freedom of Religion Amendment Bill 2022 making stringent provisions to end forceful mass conversion after placing it under the category of crime and depriving benefits of reservation to converts.

Congress member Sukhvinder Singh Sukhu opposed the bill by stating that bill is ultra-vires to the constitutional provisions of reservation which could not be tempered by the state assembly.

He raised the fact that if a person gets converted in tribal areas he would also be deprived of the reservation benefits by virtue of geography.

Sukhu said the Bill should be referred to the Select Committee.

Sukhu said that Congress supports the bill but the section inserted in the bill affects the constitutional provision of reservations granted to Schedule Caste and Scheduled Tribe.

Speaking on the bill CPI(M) member Rakesh Singha opposed the amendment to the earlier bill saying that the matter is pending in the Himachal Pradesh High court.

Singha said the Assembly rules do not permit tabling or discussion of law which is challenged in the court.

He said that people belonging to Schedule Caste would be victimised if this bill becomes an Act. Singha said that he would go to people on the issue.

Jagat Singh Negi also opposed the bill stating that the state government is trying to bulldoze the bill in the house without giving sufficient time for the members to go through it.

Parliamentary Affairs Minister Suresh Bhardwaj said that contention of members are surmises and states have no intention to tamper with reservation.

Bhardwaj highlighted that provisions of depriving reservation benefits attached with Section 7 of Himahcal Freedom of Religions Act 2019 which says that man or woman converting him should give declaration before the magistrate that he would not take benefit of reservation of his parent caste while converting to other religions.

Thakur replying to Singha's contention, said "Legislature is supreme" and reminded the members that population of minorities in the country has crossed over 22 crore.

"I also have the same feeling as Congress members are stating on the issue," he said adding however that after having heard several complaints and delegations about the forced conversions after allurements, he stands by the new provisions inserted to make the HP freedom of Religion Act 2019, more stringent.

He said Congress Chief Minister Virbhadra Singh also brought similar legislation, however the BJP government made it further stringent as the bill now prohibits two or more persons from conversions.

If more than two would be converted then it would be considered as a mass conversion, as per the new law.

Law Minister Suresh Bhardwaj said: "Two provisions were inserted in the Principal Act and it is not different from earlier Act. The provisions of sec. 3 in respect of mass conversion shall be punished with imprisonment for a term shall not be less than 5-years, but extended to 10 years, and also liable to fine which shall not be less than Rs 1 lakh but which may extend to Rs 1.50 lakh.

"In case of a 2nd or subsequent offence, the term of imprisonment shall not be less than 7 years, but may extend to 10 years and also be liable to fine not less than Rs 1.50 lakh may be extended to Rs 2 lakh.

"It is provided in the Bill that whosoever intends to marry a person of any religion other than the religion professed by him and conceals his religion in such a manner the other person whom he intends to marry, believes that his religion is truly the one professed by him shall be punished with imprisonment for a term, which shall not be less than 3 years, but which may extend to 10 years and shall also be liable to fine which shall not be less than Rs 50,000, but may extend to Rs one lakh."

In Sec-7 of the principal Act, any person shall not take any benefit of his parent religion or caste after conversion shall be inserted.

If they continues to take benefit of his parent religion or caste even after conversion, shall be punished with imprisonment for a term which not be less than 2 years but may extend to 5 years, and shall also be liable to fine tune less than Rs 50,000 and may extend to Rs one lakh.

In respect of complaint against conversion of religion, no police officer below the rank of Sub-Inspector shall inquire or investigate into the complaints received and it will be tried by the Sessions Court.

Amid opposition from Congress and CPI(M), treasury benches cleared the bill with voice vote. (UNI)