The Karnataka Protection of Right to Freedom of Religion Act, 2022

Short title and commencement.-

1. (1) This Act may be called the Karnataka Protection of Right to Freedom of Religion Act, 2022.
2. (2) It shall be deemed to have come into force with effect from the 17th day of May, 2022.

Definitions.-

1. (1) In this Act, unless the context otherwise requires,-
   • (a) “Allurement” means and includes offer of any temptation in form of ,-
     • (i) any gift, gratification, easy money or material benefit either in cash or kind;
     • (ii) employment, free education in school or college run by any religious body; or
     • (iii) promise to marry; or
     • (iv) better lifestyle, divine displeasure or otherwise; or
     • (v) portraying practice, rituals and ceremonies or any integral part of a religion in a detrimental way vis-à-vis another religion ; or
     • (vi) glorifying one religion against another religion.
   • (b) “Coercion” means compelling an individual to act against his will by the use of psychological pressure or physical force causing bodily injury or threat thereof;
   • (c) “Conversion” means renouncing one’s own religion and adopting another religion;
   • (d) “Force” includes a show of force or a threat of injury of any kind to the person converted or sought to be converted or to any other person or property;
   • (e) “Fraudulent” means and includes impersonation of any kind by false name, surname, religious symbol or otherwise;
   • (f) “Form” means a form appended to this Act;
   • (g) “Institutions” means and includes all legal entities, educational institutions, orphanages, old age homes, hospitals, religious missionaries, Non Governmental Organizations, and such other organizations;
   • (h) “Mass Conversion” means where two or more persons are converted;
     • (i) “Minor” means a person under eighteen years of age;
   • (j) “Original Religion” means religion of a person before conversion;
   • (k) “Religion” means any organized system of worship pattern, faith, belief, worship or lifestyle, as prevailing in India or any part of it, and defined under any law or custom for the time being in force;
   • (l) “Religion Convertor” means a person of any religion who performs any act of conversion from one religion to another religion and by whatever name he is called such as Father, Priest, Purohit, Pandit, Moulvi or Mulla etc.,
   • (m) “Undue Influence” means the unconscientious use by one person of his power or influence over another in order to persuade the other to act in accordance with the will of the person exercising such influence.
2. (2) Other words and expressions used but not defined in this Act shall have the same meaning as assigned to them in the Karnataka General Clauses Act,1899 (Karnataka Act 03 of 1899).

Prohibition of conversion from one religion to another religion by misrepresentation, force, fraud, undue influence, coercion, allurement or by promise of marriage.- No person shall convert or attempt to convert, either directly or otherwise, any other person from one religion to another by use or practice of misrepresentation, force, undue influence, coercion, allurement or by any fraudulent means or by any of these means or by promise of marriage, nor shall any person abet or conspire such conversion:

Person competent to lodge complaint Person competent to lodge complaint.- Any converted person, his parents, brother, sister or any other person who is related to him by blood, marriage or adoption or in any form associated or colleague may lodge a complaint of such conversion which contravenes the provisions of section 3.

Punishment for contravention of provisions of section 3.-

1. (1) Whoever contravenes the provisions of section 3 shall, without prejudice to any civil liability, be punished with imprisonment of either description for a term of three years but which may extend to five years and shall also be liable to fine of rupees twenty five thousand: Provided that whoever contravenes the provisions of section 3 in respect of a minor or a person of unsound mind or a woman or a person belonging to the Scheduled Caste or Scheduled Tribe shall be punished with imprisonment of either description for a term of three years but which may extend to ten years and shall also be liable to fine of rupees fifty thousand: Provided further that whoever contravenes the provisions of section 3 in respect of mass conversion shall be punished with imprisonment of either description for a term of three years but which may extend to ten years and shall also be liable to fine of rupees one lakh.
2. (2) The Court shall also grant appropriate compensation payable by the accused to the victim of said conversion which may extend to maximum of rupees five lakh and shall be in addition to fine.
3. (3) Whoever having been previously convicted of an offence under this Act is again convicted of an offence punishable under this Act, he shall be punished with imprisonment of either description for a term of not less than five years and shall also be liable to a fine of rupees two lakhs.

Marriage done for sole purpose of Unlawful conversion or vice-versa to be declared null and void.- Any marriage which has happened with sole purpose of unlawful conversion or vice-versa by the man of one religion with the woman of another religion, either by converting himself before or after marriage or by converting the woman before or after marriage, shall be declared as null and void by the Family Court or where the Family Court is not established, the Court having jurisdiction to try such case on a petition presented by either party thereto against the other party of the marriage:

Offence to be non-bailable and cognizable Offence to be non-bailable and cognizable.- Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (Central Act 2 of 1974) every offence committed under this Act shall be cognizable and non-bailable.

Declaration before conversion of religion and pre-report about conversion.-

1. (1) One who desires to convert his religion, shall give a declaration in Form-I at least thirty days in advance to the District Magistrate or the Additional District Magistrate specially authorized by the District Magistrate in this regard of his residing district or place of birth within the state.
2. (2) The religious converter who performs conversion ceremony for converting any person of one religion to another religion, shall give thirty days advance notice in Form-II of such intended conversion, to the District Magistrate or the Additional District Magistrate specially authorized by the District Magistrate of the district from where the proposed converter hails.
3. (3) The District Magistrate, after receiving the information under sub-section
4. (1) and
5. (2) shall notify proposed religious conversion on the notice board of the office of the District Magistrate and in the office of the Tahsildar calling for objections. If any objections are received within thirty days, he shall get an inquiry conducted through officials of Revenue or Social Welfare Department with regard to genuine intention, purpose and cause of the proposed conversion.
6. (4) If the District Magistrate comes to a conclusion based on the said inquiry of the commission of an offence under this Act, he shall cause the concerned police authorities to initiate criminal action for contravention of the provisions of section 3.
7. (5) Any conversion in contravention of sub-section
8. (1) or sub-section
9. (2) is illegal and void.
10. (6) Whoever contravenes the provisions sub-section
11. (1) shall be punished with imprisonment of either description for a term which shall not be less than one year but may extend to three years and shall also be liable to fine which shall not be less than rupees ten thousand.
12. (7) Whoever contravenes the provisions of sub-section
13. (2) shall be punished with imprisonment of either description for a term which shall not be less than one year, but may extend to five years and shall also be liable to fine which shall not be less than rupees twenty five thousand.

Declaration post conversion of Religion.-

1. (1) The converted person shall send a declaration in the Form-III within thirty days of the date of conversion, to the District Magistrate of the District or the Additional District Magistrate specially authorized by the District Magistrate in this regard in which he is residing prior to the date of conversion.
2. (2) The District Magistrate shall notify religious conversion on the notice board of the office of the District Magistrate and in the office of the Tahsildar and will call for objections in such cases where no objections were called earlier under section 8.
3. (3) The said declaration shall contain the requisite details, i.e; the particulars of the converted person such as date of birth, permanent address, the present place of residence, Father’s/husband’s name, the religion to which the converted person originally belonged and the religion to which he has converted, the date and place of conversion and nature of process gone through for conversion along with a copy of the identity card or the Aadhar card.
4. (4) The converted person shall appear before the District Magistrate within twenty one days from the date of sending/filing the declaration to establish his identity and confirm the contents of the declaration.
5. (5) If any objections are received within thirty days, the District Magistrate shall record the name and particulars of objectors and the nature of objection and shall get an inquiry conducted through officials of Revenue or Social Welfare Department with regard to genuine intention, purpose and cause of the conversion.
6. (6) If the District Magistrate based on the said inquiry comes to a conclusion of the commission of an offence under this Act, he shall cause the concerned police authorities to initiate criminal action for contravention of the provisions of section 3.
7. (7) The contravention of the provisions of sub-sections
8. (1) to
9. (4) shall have the effect of rendering the said conversion illegal and void.
10. (8) If no objections are received for such conversion, the District Magistrate shall record the factum of declaration and confirmation in a register maintained for this purpose. Further District Magistrate shall issue an official notification and shall simultaneously intimate the concerned authority about such conversion. Explanation: For the purpose of this sub-section “Concerned authority” means his employer, officials of the revenue department, social welfare department, backward classes welfare department, minority welfare department and other concerned department, urban and rural local bodies, Principals or Head Masters of the Educational Institutions, etc.
11. (9) On receipt of such intimation the concerned authority shall cause to be entered in the relevant official records about conversion as well as reclassify the person converted for his entitlement to enjoy social status or to receive economic benefits from the Government that he was getting prior to conversion.

Punishment for Violation of provisions by an institution.-

1. (1) If any institution violates the provisions of this Act, the person or persons in charge of the affairs of the institution, shall be liable to punishment as provided under section 5.
2. (2) The State Government shall not provide any financial aid or grant to such institution violating the provisions of this Act.

Parties to Offence.- If offence is committed under this Act, each of the following shall be deemed to have taken part in committing the offence and shall be guilty of the offence and shall be charged as if he has actually committed the said offence, that is to say,-

1. (i) every person who actually does the act which constitutes the offence; and
2. (ii) every person who aids or abets another in committing the offence.

Burden of proof .- The burden of proof as to whether a religious Conversion was not effected through misrepresentation, force, undue influence, coercion, allurement or by any fraudulent means or by marriage, lies on the person who has caused the conversion and on the abettor who aids or abets such conversion.

Power to amend the Forms.- The State Government may by notification in the official Gazette, add, alter or omit any of the entries specified in the Forms.

Removal of difficulties.-

1. (1) If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by a notification or by order, make such provisions, which are not inconsistent with the provisions of this Act, as appear to it to be necessary or expedient, for removing the difficulty: Provided that, no notification or order under this section shall be made after the expiry of a period of two years from the date of commencement of this Act.
2. (2) Every Order made under sub-section (1), shall, as soon as may be after it is made, be laid before the State Legislature.

Power to make rules.-

1. (1) The State Government may make rules by notification, to carry out the purposes of this Act.
2. (2) Every rule made under this Act shall be laid as soon, as may be after it is made before each House of the State Legislature while it is in session for a total period of thirty days, which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

Repeal and Savings.-

1. (1) The Karnataka Protection of Right to Freedom of Religion Ordinance, 2022 (Karnataka Ordinance No. 02 of 2022) is hereby repealed.
2. (2) Notwithstanding such repeal anything done or any action taken under the principal Act, as amended by the said Ordinance, shall be deemed to have been done or taken under principal Act, as amended by this Act.