Madhya Pradesh Freedom of Religion Bill 2020 – Burning Issues – Free PDF Download

DRAFT LAW CLEARED BY MP CABINET

• A special meeting of the Shivraj Singh Chouhan Cabinet on Saturday (December 26) cleared the Madhya Pradesh Dharma Svatantra Adhiniyam, 2020, also known as the Freedom of Religion Bill, 2020.

MP HAD SUCH A LAW. WHY THIS NEW LAW?

• A similar law, MP Dharma Swatantra Adhiniyam, 1968, to curb religious conversions, is at present in force in the state.
• This law will be repealed, and will be replaced by the new Freedom of Religion Bill, 2020.

MP HAD SUCH A LAW. WHY THIS NEW LAW?

• It has been argued that the old law is ineffective in the present circumstances, and that its definitions are insufficient to stop forced conversions.
• The new Bill has been formulated with more stringent punishment and increased penalties for those who break it.
• The Bill prohibits the use of misrepresentation, allurement, threat, force, undue influence, coercion, marriage or any fraudulent means for religious conversion. It also bars the use of abuse or conspiracy for religious conversion.

WHAT ABOUT FUNDAMENTAL RIGHT

• A person can still convert to another religion voluntarily. Under the new law, anyone wants to undergo religious conversion of their own free will, and the priest who carries out the religious conversion, will have to give a notice to the district officer at least 60 days before the intended date of conversion.

WHAT IS THE PUNISHMENT UNDER NEW LAW?

• If the priest fails to inform the district official 60 days in advance, they stand to be put in jail for 3-5 years, and pay a penalty of Rs 50,000.
• Any person carrying out religious conversions in violation of the procedure will face jail of 1-5 years, and a minimum penalty of Rs 25,000.

 WHAT IS THE PUNISHMENT UNDER NEW LAW?

• In case those being converted are minor, women, or members of a Scheduled Caste or Scheduled Tribe, the minimum punishment is a jail term of 2 years, which can go up to 10 years, along with a minimum penalty of Rs 50,000.

WHAT IS THE PUNISHMENT UNDER NEW LAW?

• Those who use misrepresentation or impersonation — wherein they identify themselves from a different religion to befriend another person — and then indulge in conversion, will face a jail term of 3-10 years along with a minimum penalty of Rs 50,000.
• For mass conversions with two or more people, a jail term of 5-10 years, with a minimum penalty of Rs 1 lakh, is prescribed.
• Repeat offenders will face a jail term of 5-10 years. Religious organisations indulging in forced conversions will have their registration cancelled.

WHO CAN REGISTER THE OFFENCE UNDER NEW LAW?

• In case of forced conversion, the person who has been converted, their parents and siblings, can report the alleged crime at the nearest police station.
• The new law also empowers the guardian or custodian to approach the court with their complaint, and subsequently get an order for an offence to be registered with the police.

WHO WILL INVESTIGATE THE CASE?

• The offence is cognizable and non-bailable. It will be investigated by a police officer of rank not lower than sub-inspector at the local police station.

WHERE WILL THE CASE BE HEARD?

• The sessions court is empowered to hear matters related to the Freedom of Religion Bill 2020. The burden of proving innocence lies on the accused.

COMPARISON WITH THE UP BILL

• However, unlike the Uttar Pradesh Prohibition of Unlawful Religious Conversion Ordinance, under the MP law, a person converting of his own free will does not have to report it to the district magistrate.
• The Bill is likely to be tabled in the Madhya Pradesh House during the three-day session that starts on Monday (December 28).

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