Rajasthan clears anti-conversion bill, provides for jail term of up to 10 yrs

Law minister Jogaram Patel said the proposed law would prohibit individuals or institutions from using deceit, pressure, or other coercive means to force someone to change their religion

The Rajasthan Cabinet has cleared an anti-conversion bill providing for compensation of ₹5 lakh for victims of forcible conversion and a jail term of up to 10 years. The Prohibition of Unlawful Conversion of Religion says the imprisonment will be between two to 10 years and a ₹25,000 fine in case of conversion of minors, women, or people from Scheduled Castes (SC) and Scheduled Tribes (ST). The imprisonment could extend between three to 10 years and a ₹50,000 fine in case of large-scale conversions.

Chief minister Bhajan Lal Sharma. (HT PHOTO)

The bill says that any marriage under duress or through inducements is liable to be annulled. It stipulates that any individual who wishes to convert to another religion must notify the district collector at least 60 days in advance. A notice of 30 days will have to be given for any ceremony for the conversion. After the conversion, the concerned person has to inform the collector through an affidavit within 60 days.

Law minister Jogaram Patel said the proposed law would prohibit individuals or institutions from using deceit, pressure, or other coercive means to force someone to change their religion. “Several instances of religious conversion through inducements or fraud have come to light in the state but there is no law to stop it. The government has brought the new bill because of this.”

Ruling Bharatiya Janata Party (BJP) lawmaker Ghanshyam Tiwari praised chief minister Bhajan Lal Sharma for the “historic decision” to clamp down on religious conversions and “love jihad”, a term right-wing groups use to describe an alleged Muslim conspiracy to woo Hindu women. Courts and the Union government do not recognise the term.

Tiwari said followers of other religions are safe and can practise their faith without any fear but there are problems where Hindus are in the minority. “There is a strong need for such a law so conversions do not increase,” he said.

State Congress chief Govind Singh Dotasara said there are already laws to check conversions and accused the BJP of trying to divide Hindus and Muslims. “The BJP government wants to distract attention from issues of people’s welfare.”

He said the Vasundhara Raje-led BJP government in 2006 tried to bring such a bill. “Now the present BJP government has brought a similar bill. But we would not let it pass in the assembly. The BJP is trying to divide Hindus and Muslims for political gains,” he said.

Rajasthan sought to pass an anti-conversion law in 2006, but it could not come into force due to the lack of assent from the governor and the president. The Rajasthan high court issued guidelines in December 2017 allowing scrutiny and prior approval for interfaith marriages to check forcible conversions for marriage.

The previous bill required the approval of the district collectors before converting and prescribed a five-year prison sentence for those found guilty of unlawful conversions. The collectors were permitted to give the go-ahead after the investigation.

The previous bill said registration of any organisation found to be guilty of abetting conversions would be cancelled. In case a minor or people from SC and STs were converted, the accused were liable to a jail term of two to five years and a fine up to ₹50,000. There was no bar on a person returning to their original religion but had to inform the collector.

Rajasthan is the latest among the BJP-ruled states to come up with an anti-conversion bill even as there is no such central legislation. The Uttar Pradesh government passed the anti-conversion law in February 2023, following enacting an ordinance in November 2020. The law is considered one of the most stringent laws on the subject. It prescribed a jail term of up to 10 years and a fine of up to ₹50,000 for conversion under marriage, fraud, coercion, or enticement.

Karnataka enacted an anti-conversion law in 2022, prescribing a minimum jail term of three years. The law was repealed in June 2023 after the Congress came to power.