Examine the constitutionality of Karnataka's anti-conversion legislation.
The constitution of India considers Right to Religion as a fundamental right (Article 25-28). This allows any individual to practice their own religion with minimum interference of the state. However, when religion is used as a political weapon, concerns arise.
Right to religion as a fundamental right
- Right to propagate
Individuals have the right to spread the message of their religion. They should not use force or state machinery to carry out promotion.
- Freedom to practice
Individuals can practice the religion of their choice. However, certain practices considered degrading to society can be restricted by the state.
Concerns in the bill
- Stringent punishment
The bill will have a jail term of 3-10 years and a heavy fine for individuals trying to convert without following procedure. Special focus has been given on SC/ST, women and children victims.
- Rigorous procedure
The individual intending to convert has to give a notice to the DM two months in advance, who will ask opinion of police officers to verify. After clearance, individual can convert.
- Reconversion
The anti-conversion law will not apply to an individual who reconverts to his immediate previous religion. This will validate actions such as Ghar Wapsi.
Need for the bill
- Address conversion for marriage
The current laws under IPC apply to all cases of fraud and not specific to marriage. The new bill will address conversion for marriage.
- Forceful or fraudulent conversion
Individuals are promised jobs, money and prosperity for getting converted. This will be a clear violation of natural conversion.
Thus, the bill indeed has many shortcomings that need to be addressed before it is given a form of a law. This will protect rights of all citizens, including minorities.
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