Marriage done for unlawful conversion will be declared void under the law (Representational)
Belagavi, Karnataka:
The proposed anti-conversion bill, which Karnataka intends to introduce in the ongoing legislature session, provides for jail term of three to 10 years and a fine of Rs 1 lakh for those involved in mass conversions.
The draft also states that a “religious convert” shall give one month’s prior notice to the District Magistrate or any other officer not below the rank of Additional District Magistrate in ‘Form-II of such conversion’. Also, as per the draft copy of ‘The Karnataka Protection of Right to Freedom of Religion Bill-2021’, marriages performed for the sole purpose of illegal conversion or vice versa will be declared void.
The law, once in effect, shall include those who “misrepresent, by force, undue influence, coercion, inducement or in any fraudulent manner or by marriage, or incite or conspire to convert such “. However, this Act will not attract the penal provisions of the Act for reconverting to their immediate previous religion.
Section-3 of the Act states, “Provided that if a person converts to his immediate previous religion, he shall not be deemed to have converted under this Act.”
Under the proposed law, “any aggrieved person, his parent, brother, sister, or any other person who is related to him by blood, marriage or adoption, may file a first information report of such conversion, as per section contravenes the provisions of— 3.
As per the draft regulation, whoever contravenes the provisions of section-3 shall, without prejudice to any civil liability, be punished with imprisonment for a term which shall not be less than three years but which may extend to five years. and should also be liable to fine, which shall not be less than Rs.25,000.
In case of SC/ST and minors converting, the consequences will be harsher.
“Whoever contravenes the provision of section 3 in relation to a minor, a woman or a person belonging to a Scheduled Caste or a Scheduled Tribe, shall be punished with imprisonment of either description for a term which shall not be less than three years, but which may extend to 10 year and shall be liable to fine which shall not be less than Rs 50,000,” the draft read.
Further, whoever indulges in mass conversion shall be liable to imprisonment for a term ranging from three to 10 years and a fine of Rs 1 lakh.
The proposed law states that the victim can get compensation of up to Rs 5 lakh in addition to fine.
In case of a marriage solemnized for the sole purpose of illegal conversion, the marriage shall be declared invalid by the Family Court. If there are no Family Courts, the Court having jurisdiction to try such cases can also declare such marriages void.
The offenses attracting the provisions of the proposed Act shall be non-bailable and cognizable.
Further, whoever wishes to convert his religion should give a declaration in ‘Form-I’ “at least 60 days before” to the District Magistrate or the Additional District Magistrate, which shall be specially designated by the District Magistrate as “this “wants to convert his religion with his free consent and without any force, coercion, undue influence or inducement”.
After receiving the information, the District Magistrate should conduct an inquiry through the police “with respect to the actual intent, purpose and reason for the proposed conversion”.
The proposed law further states that any institution or organization contravening the provisions of the proposed Act shall be subject to punishment and their registration shall be canceled by the competent authority on the direction of the District Magistrate.
(Except for the title, this story has not been edited by NDTV staff and is published from a syndicated feed.)
,