Why it is in the news?
• Haryana Home Minister Anil Vij recently said that
his government is considering a law against forced religious
conversions.
• He also sought information about such a law already in force
in Himachal Pradesh, during a Vidhan Sabha discussion.
WHY?
In response to the recent Nikita Tomar murder case
in Faridabad’s Ballabhgarh
A 20-year-old woman was shot dead in Haryana’s Faridabad
district, in October last week.
This gave rise to religious tensions on social media.
Marriage laws in india
• The Special Marriage Act, 1954
• The Hindu Marriage Act, 1955
• Muslim Personal Law 1937
• The Indian Christian Marriage Act, 1872
• Parsi Marriage and Divorce Act of 1936
Historical Background
• The Special Marriage Act (SMA), 1954, was enacted to
enable the marriage of couples from different religions, who
preferred a civil wedding.
• The law has 2 difficult features
1. Prior public notice being given
2. Objections being called
Couples intending to marry, should give notice to the
‘marriage officer’ of the district in which one of them had
resided for at least 30 days.
The notice will have to be entered in a ‘Marriage Notice
Book’ and a copy of it displayed in the office.
If one partner is not a permanent resident of the district, the
marriage officer has to send a copy to the district where that
partner has permanent residence.
The notice shall be displayed in that district office too.
The law also provides for objections to the marriage.
Any person can object to the marriage within 30 days of the
publication of the notice, on the ground that it contravenes
the conditions for a valid marriage.
The marriage officer has to inquire into the objection and
give a decision within 30 days.
If he refuses permission for the marriage, an appeal can be
made to the district court. The court’s decision will be final.
The Act also lays down that, when a member of an
undivided family who professes Hindu, Buddhist, Sikh or Jain
religions, gets married under SMA – it results in his or her
“severance” from the family.
These features of the law, place a question mark on the
safety and privacy of those intending to marry across
religions.
Many settle for marriage under the personal law of one
religion, with the other opts for religious conversion.
While conversion to Islam and Christianity has formal
means, there is no prescribed ceremony for conversion to
Hinduism.
• The Allahabad High Court, recently, declined
to grant police protection to a couple – of whom the bride was a Muslim who converted to Hinduism.
• The court’s judgement cited past precedents
that said conversion should be based on change of heart, and should not be solely for
the purpose of marriage.
• In July 2020, the Kerala Registration department decided to
discontinue the practice of uploading marriage notices on its
websites.
Resulted from complaints, that these were being misused for
communal propaganda.
• The notices will be displayed on the notice boards of the
offices concerned.
The Himachal Pradesh Law
• Himachal Pradesh had already enacted a law in 2007 which
prohibited conversion from one religion to another by force
or fraud.
• Last year, the Himachal Pradesh assembly passed the
Freedom of Religion Bill, 2019.
• Similar to Uttarakhand Freedom of Religion Act, 2018.
What does the law say?
• According to the Act, no one can convert or attempt to
convert another other person, from one religion to another,
by force, inducement, or by marriage.
• The Act does not cover a person re-converting to his “parent
religion”.
• Any marriage done for the sole purpose of religious
conversion may be declared null and void by a family court
on a petition by either party.
Punishment under the law
• All offences under the Act are cognizable and non-bailable.
• Punishment – prison term ranging from 1 to 5 years, along
with a fine.
• In case the victim is a minor, woman or member of a
Scheduled Caste or Tribe, the imprisonment may extend
upto 7 years.
Position of Fundamental Rights
• Under Article 25 – Freedom of Conscience and Free
Profession, Practice and Propagation of Religion – a person
has the Right to propagate one’s religious beliefs to others.
• It does not include a right to convert another person to one’s
own religion.
• Forcible conversions impinge on the ‘freedom of conscience’
guaranteed to all the persons alike.
What if anyone wants to convert, under the Himachal Law?
• Under the Act, anyone who wishes to convert to any other
religion will have to give a declaration to the district
authorities at least one month in advance, specifying that
he/she is doing so as per his/her “own volition or free
consent”.
• The religious priest who performs the conversion ceremony,
also has to inform the authorities at least one month in
advance.
• The district magistrate will then conduct an inquiry regarding
the “intention, purpose and cause of proposed conversion”.
• Failure to declare the conversion in advance can also result
in an imprisonment of upto two years.
Criticism
Such ‘Anti conversion laws’ laws would be violative of Articles
14 and 15 of the Constitution, which guarantee equality, equality of opportunity
and equal protection of the law and no discrimination on the ground of caste, creed, colour, and religion.
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