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Rajasthan re-introduces religious freedom Bill

JAIPUR: The Bharatiya Janata Party Government in the State on Thursday re-introduced the Rajasthan Religious Freedom Bill (Rajasthan Dharma Swatantrata Bill) in the Assembly, described by many as a draconian measure when it was first introduced.

The Bill, introduced by Home Minister G. C. Kataria, has almost the same tone, tenor and text as the previous legislation by the same name passed by the Assembly on April 7, 2006. That Act is now awaiting assent of the President. The new Bill is slated for discussion and passage in the State Assembly next Thursday (March 20).

During her tenure as Rajasthan Governor, Pratibha Patil – now the President in New Delhi -- had returned the Act to the State Government in May 2006 asking it to get it cleared from the President of India (then A.P.J. Abdul Kalam) first. After receiving it back from the Governor, the State Government had forwarded it to the President for his approval. Since then it has been pending there.

“A Bill to provide for prohibition of conversion from one religion to another by the use of force or allurement or by fraudulent means and for matters incidental thereto,” says the introductory paragraph of the Bill, which has only minor deviations from the text of the Act pending before the President. The statement of objectives and reasons remain the same as:

“It has been observed by the State Government that some religious institutions and individuals are found to be involved in unlawful conversion from one religion to another by allurement or by fraudulent means or forcibly which at times has caused annoyance in the community belonging to other religion. The inter-religion fabric is weakened by such illegal activities and causes law and order problem for the law enforcing machinery of the State.

“In order to curb such illegal activities and to maintain harmony amongst of various religions it has been considered expedient to enact a special law for the purpose.”

“Introducing a second Bill on the same subject while the first is pending assent of the President of India is not valid. The State has not withdrawn the previous Act,” pointed out senior Congress MLA Harimohan Sharma, who had fought the previous legislation within the Assembly and outside. “The fate of the present legislation would not be any different from the previous one and deservingly so,” he said.

The minor changes in the proposed legislation include one on 30 days’ notice to the District Magistrate from a person “intending to convert from one religion to another”. The DM then would get the matter enquired into. However, in the case of a person reverting back to his original religion no such notice is required.

The new draft has also brought down the minimum punishment to one-year simple imprisonment from the previous minimum of two years. The maximum punishment could be three years and a fine which could extend up to Rs.25,000.

However, in the case of the offence committed in respect of a minor, a woman or a person belonging to a Scheduled Caste or Scheduled Tribe, the minimum punishment would be two years’ which could be extended to five years and a fine up to Rs.50,000.

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Rajasthan re-introduces religious freedom Bill

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