Examine the constitutionality of Karnataka's anti-conversion legislation.
The constitution of India considers Right to Religion as a fundamental right (Article 25-28). This allows any individual to practice their own religion with minimum interference of the state. However, when religion is used as a political weapon, concerns arise.Right to religion as a fundamental right
Right to propagate
Individuals have the right to spread the message of their religion. They should not use force or state machinery to carry out promotion.
Freedom to practice
Individuals can practice the religion of their choice. However, certain practices considered degrading to society can be restricted by the state.
Concerns in the bill
Stringent punishment
The bill will have a jail term of 3-10 years and a heavy fine for individuals trying to convert without following procedure. Special focus has been given on SC/ST, women and children victims.
Rigorous procedure
The individual intending to convert has to give a notice to the DM two months in advance, who will ask opinion of police officers to verify. After clearance, individual can convert.
Reconversion
The anti-conversion law will not apply to an individual who reconverts to his immediate previous religion. This will validate actions such as Ghar Wapsi.
Need for the bill
Address conversion for marriage
The current laws under IPC apply to all cases of fraud and not specific to marriage. The new bill will address conversion for marriage.
Forceful or fraudulent conversion
Individuals are promised jobs, money and prosperity for getting converted. This will be a clear violation of natural conversion.
Thus, the bill indeed has many shortcomings that need to be addressed before it is given a form of a law. This will protect rights of all citizens, including minorities.
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