Under Haryana Bill, 'ghar wapsi' not conversion

Bhartesh Singh Thakur

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Chandigarh, March 2

The Haryana Prevention of Unlawful Conversion of Religion Bill, 2022, will come up for discussion during the Budget session that began today. Under the Bill, “the burden of proof shall lie on the accused in case of violation of any of the provisions of the Act”. It implies the accused will have to prove his innocence once a case has been filed against him under the Act.

For bringing this Bill, the BJP government has reasoned that several instances have come to notice that with an agenda to increase the strength of their religion, people marry girls from other religions by misrepresentation and later force them for conversion. According to the Bill, “conversion doesn’t include return of any person to the religion professed or being professed by anyone or both parents or grandparents of a person”.

The definition of “allurement” for conversion under the Bill includes education in schools run by any religious body. Abetting or conspiring for conversion through digital means is also an offence.

The Bill prescribes that any marriage solemnised by concealing one’s religion shall be “null and void”. Though any child born out of such marriage will be legitimate and could get property from father and mother, as per their respective inheritance laws.

Congress’ chief whip BB Batra said they would oppose the Bill. Deputy Leader of the CLP Aftab Ahmed said the government had no data on concealment of religion in interfaith marriages.

For conversion, one has to submit a declaration to the District Magistrate (DM) stating his intention to convert out of free will. The DM has to affix the copy of such declaration or notice on the notice board outside his office and any person can file objection to that in 30 days.

Then DM has to pass a reasoned order, if conversion is declined. If he is satisfied that conversion is based on free will, then he will issue a certificate. He shall decide the issue within three months, but not later than six months. The appeal against DM’s order can be filed before the Divisional Commissioner.

The conversion through misrepresentation, force, undue influence, and allurement attracts imprisonment from one to three years and also a fine of not less than Rs 1 lakh. The same punishment is there for conversion by marriage or for marriage.

Concealing one’s religion for marriage attracts punishment of three to 10 years and a fine of Rs 3 lakh. In case of mass conversions, the imprisonment will be for five to 10 years with a fine of Rs 4 lakh.If an institution or organisation is found guilty, its registration will be cancelled.

Penalty

Conversion through misrepresentation, force, undue influence and allurement attracts one to three years in jail and Rs 1 lakh as fine.