Rajasthan's new BJP government plans to introduce new law on religious conversion
- In Reports
- 01:24 PM, Jun 19, 2024
- Myind Staff
The newly established Bharatiya Janata Party (BJP) administration in Rajasthan has signalled a notable policy shift by declaring its intention to introduce new legislation on religious conversion.
The government led by Bhajan Lal Sharma filed an affidavit in the Supreme Court, indicating that Rajasthan currently does not have specific legislation concerning religious conversion. The affidavit stated that the state government is actively engaged in drafting a new law on the matter. Until the new legislation is passed, the state will adhere strictly to existing laws and any guidelines or directives issued by the Supreme Court.
The BJP-led government in Rajasthan filed an affidavit in the Supreme Court stating that the state is currently drafting new legislation on religious conversion. Until the law is enacted, Rajasthan will comply with existing laws and Supreme Court directives. This aligns Rajasthan with other BJP-ruled states that have implemented anti-conversion laws.
The BJP government's position represents a departure from former Rajasthan Chief Minister Ashok Gehlot's criticisms of anti-conversion laws enacted in BJP-governed states. Gehlot had argued that such legislation could potentially subject consenting adults to state control, highlighting concerns over misuse and encroachment on personal freedoms.
The state filed the affidavit in response to a petition by advocate Ashwini Kumar Upadhyay, who called for stringent measures against coerced conversions, particularly among socially and economically disadvantaged groups nationwide.
In 2006, Rajasthan had passed an anti-conversion law during Vasundhara Raje's first term as Chief Minister. However, despite approval by the state assembly, the law did not take effect due to lack of assent from the governor and president.
Subsequently, the high court issued guidelines in December 2017 allowing state scrutiny and pre-approval for interfaith marriages. The court asserted its responsibility to address issues related to forced religious conversions solely for marriage purposes until a formal law was enacted by the state government.
Several states across India have enacted laws against unlawful conversions. States such as Odisha (1967 Act), Madhya Pradesh (1968 Act), Arunachal Pradesh (1978 Act), Gujarat (2003 Act, amended in 2021), Himachal Pradesh (2006 Act, re-enacted in 2019), Chhattisgarh (1968 Act, amended in 2006), Jharkhand (2017), Uttarakhand (2018), and Uttar Pradesh (2020) have specific legislation that impose penalties for unlawful conversions.
Uttar Pradesh introduced its law, dubbed the 'love-jihad' law, in February 2023 after promulgating an ordinance on the same subject in November 2020. The law includes provisions for imprisonment up to 10 years and fines up to ₹50,000 for conversions under marriage through fraud, coercion, or enticement.
Karnataka, under BJP rule in 2022, passed a stringent anti-conversion law with a minimum jail term of three years, one of the toughest in the country. However, the law was repealed by the Congress-led Siddaramaiah government in June 2023 after it came to power.
Anti-conversion laws in India trace back to the pre-Independence era, primarily in princely states. Examples include the Raigarh State Conversion Act, 1936, Patna Freedom of Religion Act, 1942, Sarguja State Apostasy Act, 1945, and Udaipur State Anti-Conversion Act, 1946. Specific laws targeting conversion to Christianity were also enacted in Bikaner, Jodhpur, Kalahandi, and Kota.
The last central attempt at an anti-conversion law was in 1978 with the All India Freedom of Religion Bill introduced by Morarji Desai's Janata Party government, which was never debated and dropped after the government fell in July 1979.
As Rajasthan proceeds with its new legislation, the proposed anti-conversion law is expected to reignite debates over its necessity to safeguard vulnerable groups versus concerns about individual freedoms and communal harmony.
Image source: Hindustan Times
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