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Rajasthan’s Anti-Conversion Bill

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(Source – Indian Express, Section – Govt & Politics – Page No. – 10)

Topic: GS2 – Polity
Context
● The Rajasthan government has introduced the Rajasthan Prohibition of Unlawful Conversion of Religion Bill to curb forced religious conversions through coercion, fraud, or allurement.

 Analysis of the news: 

Everything You Need To Know About Rajasthan'S Anti-Conversion Bill

Strict Regulations for Voluntary Conversion

  • Individuals opting for voluntary conversion must follow an elaborate process.
  • They are required to submit a declaration to the District Magistrate (DM) 60 days in advance, with additional scrutiny conducted by law enforcement.
  • Their details will be displayed publicly to invite objections, and they must personally appear before the DM for verification.

Legal Justification and Government’s Stance

  • According to the Bill’s ‘Statement of Objects and Reasons,’ the Constitution guarantees religious freedom but does not permit forced proselytization.
  • The government cites past incidents where vulnerable individuals, particularly tribals, were allegedly converted through fraudulent means.
  • Law Minister Jogaram Patel has also linked the Bill to preventing “love jihad.”

Punishments and Burden of Proof

The Bill mandates severe penalties based on the nature of the conversion:

  • General cases: 1-5 years in jail, with a minimum fine of ₹15,000.
  • Conversion of minors, women, or SC/ST individuals: 2-10 years in jail, with a minimum fine of ₹25,000.
  • Mass conversions: 3-10 years in jail, with a minimum fine of ₹50,000.
  • Repeat offenders: Double the prescribed punishment.

The burden of proof lies on the person conducting the conversion, who must demonstrate that it was not done through coercion or fraud.

Marriage and Conversion Clause

  • The Bill explicitly states that any marriage conducted solely for conversion—or vice versa—will be declared void, reinforcing the government’s stance against conversions through interfaith marriages.

Comparison with Other States

  • Once enacted, Rajasthan will join 11 other states, including Uttar Pradesh, Madhya Pradesh, and Karnataka, that have similar anti-conversion laws.
  • These laws have faced legal and political challenges, raising concerns about their impact on religious freedom and personal choice.

Conclusion:

  • While the Rajasthan government justifies the Bill as a measure to protect vulnerable groups from forced conversions, critics argue that it may infringe upon personal freedoms and religious rights.
  • The extensive bureaucratic process and harsh penalties raise questions about the balance between individual liberty and state control over religious practices.
  • The Bill’s passage is expected to spark further legal and political debates.
             What are the Challenges to Anti-Conversion Laws in India?
Constitutional Concerns: The primary challenge to anti-conversion laws in India revolves around their constitutionality, particularly concerning fundamental rights guaranteed under the Indian Constitution.

○ Critics argue that these laws infringe upon the rights to freedom of religion, expression, and privacy, as enshrined in Articles 19, 21, and 25.

○ In 2012, the Himachal Pradesh High Court ruled certain provisions of the state’s 2006 anti-conversion law as unconstitutional. It upheld the right to privacy, stating that the requirement of giving a month’s notice to the district magistrate violated this right.

○ In 2021, Gujarat High Court stayed the provisions of the Gujarat Freedom of Religion Act, 2003, which were amended to include marriage as grounds for prohibiting conversions.

■ The court upheld the right to choice of an individual, stating that the Act gave the impression that inter-faith marriages followed by conversion could be deemed illegal.

Burden of Proof: Anti-conversion laws often shift the burden of proof onto the accused to demonstrate that conversions were not carried out through prohibited means.

Impact on Interfaith Marriages: Recent state law amendments declare marriages null if they involve conversion solely for the purpose of marriage.

○ Critics argue that these provisions interfere with individuals’ rights to freely marry and choose life partners regardless of religious differences.

Allegations of Misuse and Targeting: Critics argue that anti-conversion laws are often misused to target religious minorities and dissenting voices, leading to concerns about exacerbating communal tensions and discriminating against vulnerable groups such as Dalits, Adivasis, and women.

Practice Question:  The Rajasthan Prohibition of Unlawful Conversion of Religion Bill seeks to prevent forced religious conversions through stringent regulations and penalties. Critically analyze its implications on individual freedom, religious rights, and the broader socio-political landscape in India. (150 Words /10 marks)

For more such UPSC related Current Affairs, Check Out – Escalation of Conflict In Easrtern Cango

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