Stuti Hasmukh Oswal
What is the Act about?
Earlier, an act known as the Madhya Pradesh Dharma Swatantra Adhiniyam, 1968 was instated to govern the religious conversions in Madhya Pradesh. This particular act is now repealed by bringing in “The Madhya Pradesh Freedom of Religion Act, 2020” (hereinafter as the Act).
The Governor Anandiben Patel first gave her assent to Madhya Pradesh Freedom of Religion Ordinance, 2020 on the 9th of January, 2021. A similar kind of act is passed in seven other states of India such as Uttarakhand, Jharkhand, Himachal Pradesh, Gujrat, Chhattisgarh, Odisha, and Arunachal Pradesh.
Objective of the Act
The preamble of the act is
“To provide for religious freedom and matters related to or incidental it by prohibiting conversion from one religion to another by misdemeanor, seduction, intimidation or use of force, improper influence, harassment, marriage or any other fraudulent means.”
The main objective of this act is to protect people from being forced in any manner to convert from one religion to another. It is to ensure that each and every individual is given the right to choose his own religion. If any kind of force or fraudulent means are used on an individual for conversion of his religion, then the act provides stringent punishments for the same. This Act is applicable to the entire state of Madhya Pradesh.
What is the difference between the Old and the New Enactment?
This Act is brought into enforce majorly as the previous act had many loopholes in them. The previous act lacked various definitions and aspects due to which forced conversion were being carried out on a large scale. One such example is that the previous act did not mention or enforce any kind of prohibition on forceful conversion of religion under the pretext of marriage whereas the new act covers the said issue and also includes various other ingredients.
As Per the Old Enactment “The Madhya Pradesh Dharma Swatantra Adhiniyam, 1968”
- The section 3 of the act says that no person shall directly or indirectly by using force, allurement or fraudulent means convert any other person’s religious faith without his will and consent. It is an exhaustive definition and limited to the terms such as allurement, fraudulent means and use of force.
- Punishments:
- If any person tries to use fraudulent means, allurement, or force to convert an individual’s religious faith then such a person shall be punishable with imprisonment for a term which may extend to One year or shall be liable to pay a fine which may extend to Rs. 5000/-.
- Incase such fraudulent means, force or allurement for conversion is used against a minor child, women or a person of scheduled caste or scheduled tribe then such a person shall be punishable with imprisonment which may extend upto Two years or shall be liable to pay fine upto Rs. 10.000/-
As per the New Enactment “The Madhya Pradesh Freedom Of Religion Ordinance, 2020”
The section 3 of the act means that any person shall not directly or indirectly by misappropriation, inducement, intimidation or use of force, improper influence, harassment, marriage or any other fraudulent means convert any other person from one religious’ faith to another.
One shall not rescind or plan such conversion of religion without the will of such person who wants to convert to another religion. If any such act of forceful conversions takes place then such a conversion shall be void which mean it will be considered as cancelled or invalid. This kind of definition is an inclusive definition, and it is not limited to only force, allurement and misappropriation but a broader concept and understanding of similar standings are also included.
Section 4 – How can a complaint be filed under the Act?
Section 4 of The Madhya Pradesh Freedom of Religion Ordinance, 2020 states that investigation of such offence shall be conducted only if written police complain is lodged by either the person of the convert or his parents or siblings or any other person who is related by blood, marriage, adoption, guardianship or custody whichever is applicable. Further such investigation can take place upon an order of any court.
Section 5 – What are the punishments under the Act?
Section 5 of The Madhya Pradesh Freedom of Religion Ordinance, 2020 states that the punishment for contravention of section 3 of the said act.
- If any person contravenes the provisions of section 3 of the said act he shall be punished with an imprisonment of not less than 1 year but may extend to 5 years and shall be liable to pay a fine of not less than Rs. 25,000/- (Twenty-Five Thousand Rupees).
- If the said contravention takes place in respect of a minor child, women or a person of Scheduled Caste or Scheduled Tribe then he shall be punished with an imprisonment of not less than two year but may extend upto ten years and shall be liable to pay a fine of not less than Rs. 50,000/- (Fifty Thousand Rupees).
- Further if any person who intends to get married to another person and such person is of a religion other than that of the other person and does not disclose the same to the other person and makes him believe that the person is of the same religion as the other person then he shall be punished with an imprisonment not less than 3 years but may extend upto 10 years and shall be liable to pay a fine of not less than Rs. 50,000/- (Fifty Thousand Rupees).
- If any person in a group or by forming an organization contravenes the provisions of section 3 then he shall be punishable with imprisonment of not less than 5 years but may extend up to 10 years and shall be liable to pay a fine of Rs. 1,00,000/- (One Lakh Rupees).
Section 7 – Where can a complaint be filed for nullification of marriage under this Act?
Section 7 about the Jurisdiction of Court. A petition for declaring a marriage null and void has to be presented before the Family Court and in places where the family courts are not established, the in Courts which have the jurisdiction of Family Courts shall have the jurisdiction.
Such a petition is to be filed within the local limits of-
- Where the marriage was solemnized.
- Where the respondent at the time of the presentation of the petition resides.
- Where either of the parties to the marriage last resided together.
- Where the petitioner is residing on the date of presentation of the petition.
Section 8 – What are the Inheritance rights?
Section 8 talks about the inheritance right of any child born out of the void marriage and its legitimacy. The child born out of the said wedlock shall be treated as a legitimate child and will have the right to inheritance. Such succession shall be as per the law governing inheritance of the father.
Section 9 – Will Maintenance be provided to the wife or child?
The section 9 of the act deals with the right to maintenance of the wife from the null and void marriage along with the right to maintenance of the child from such a marriage.
Section 10 – What is the Procedure for Willful Conversion?
The section 10 of the act seeks declaration from an individual if he wishes to convert from one religion to another. It asks the individual to give a declaration 60 days before such conversion takes place to a District Magistrate stating that he wishes to covert and that such a conversion is out of his own free will and without any force, coercion, undue, influence or allurement.
Even the priest or any person who intends to organize such a conversion has to give a notice 60 days prior to organizing such a conversion to the District Magistrate of that area where such a conversion will be take place.
Upon non-compliance of this section a person shall be liable for imprisonment of not less than 3 years, but which may extend to 5 years and shall also be liable to pay a fine of not less than Rs. 50,000/- (Fifty Thousand Rupees).
Current Situation
A Public Interest Litigation is filed in the Madhya Pradesh High Court Challenging the constitutional validity of The Madya Pradesh Freedom of Religion Ordinance, 2020. The said PIL is still being heard by the Madhya Pradesh High Court. The PIL speaks about how this act violates the Right to privacy and right to freedom of choice. It further points out various flaws in the act like:
- There is no time limit given for the District Magistrate to respond to such a Declaration.
- The Section 4 of the act gives vide range of access to file a complaint. This can lead to frivolous and false complaints and litigations.
Nearly 23 complaints were lodged within a month of the ordinance being passed in the state. Seven of them were reported in Bhopal, 5 cases in Indore, 4 cases each in Jabalpur and Rewa and 3 cases in Gwalior and the numbers continue to increase.
Illustrations:
A police complaint was lodged on the 13th of January, 2021 that is just three days from the day on which the said act was passed. The Madhya Pradesh Police booked a 25 year old man named Asad on a complain made by a 22 year old woman. The complainant stated that the accused had not disclosed his religion for the entire year they were in a relationship.
The accused had presented himself as “Ashu” to the complainant in order to strike a friendship with her. The accused and the complainant were in a relationship since 2019. While the accused and the complainant went to Raisen she found out that the accused was a muslim when he went to the mosque to pray.
The complainant later found out that the accused’s real name was “Asad”. The accused started pressurizing the complainant to convert her religion and marry him. As soon as the complainant learned that the accused was muslim and had not disclosed this important fact, she started distancing herself from him but the accused kept chasing her.
The complainant along with her female friend was near the Ashoka Garden area where she saw that the accused was following her. The accused stopped the complainant and started abusing her and threatened her with dire consequences. The complainant later lodged a complain against the accused under the new Madhya Pradesh Freedom of Religion act, 2021
In Khajuraho, Ruby Singh, an assistant librarian whose salary was reduced and services were terminated lodged a complaint on 22nd February, 2021 against the convent school principal Sister Bhagya under the provisions of The Madhya Pradesh Freedom Of Religion Act, 2021.
The assistant librarian’s services were terminated on account of poor attendance and lack of documentation and hence the complainant, only to cause hardship and take revenge had filed the said complaint. The High Court in the said matter provided the accused Sister Bhagya an anticipatory bail after she argued that the case was false and registered out of frustration.
Interpretation
This ordinance was primarily passed to stop forceful conversions from one religion to another and protect people from the same. The states were witnessing an increase in forceful conversion in the name of marriage. A lot of young girls and boys were forced to change their religion without their will and consent. In reality, the basic aim of this act was to increase mindfulness about the crucial decisions made with regards to religious beliefs.
The Section 10 of the said Ordinance mentions the procedure for a willful conversion of religion. A right to privacy and right to freedom of choice is violated by this section’s compulsory enforcement. A citizen has been provided the right to decide for himself even when it comes to religion. This means that there is no requirement for one to notify or declare to anybody his choice of religion. This will only cause hardship to the citizens in order to get a declaration for them to be able to convert to another religious faith. Enforcing such a rigorous punishment for merely converting and not giving a notice or a declaration is atrocious.
This act further violates the right of privacy as it depends upon an individual whether he wishes to disclose to everyone about his conversion and religion. Not declaring the conversion of religion does not in any way obstruct and cause any agony to anyone. It is absolutely not necessary for this act to have a section stating one to declare.
Yes, this Act can be misused and misinterpreted to harass and cause disruption. As India is a religiously and culturally sensitive country it is understood that this act can target the minorities in a covert manner.
Conclusion
The main purpose of this Act is to stop forceful conversion of religion under the pretext of marriage, misappropriation, influence, etc. All these are covered under the act in a more comprehensible and rational manner. But it also overlooks and does not take into consideration how it is contradicting the constitutional rights of the citizen.
If this act is not amended, then it will prove to be a burdensome more than a protection for the people. Violation of the basic foundational rights of an individual, in a democratic country like ours, only proves that this act is not contributing to the core purpose of law, that is, having a defined structure and order within the country; but instead, will prove to suffocate the freedom in exercising these rights.
References
- The Madhya Pradesh Freedom of Religion Ordinance, 2020
- pil-filed-mp-hc-challenging-validity-states-anti-conversion-law
- mp-police-lodges-23-cases-under-new-anti-conversion-law
