NINE STATES IN INDIA --- GUJARAT, HIMACHAL PRADESH, CHHATTISGARH, JHARKHAND, UTTARAKHAND, KARNATAKA, MADHYA PRADESH, ODISHA, ARUNACHAL PRADESH TOO ENACTED SIMILAR LAWS IN THE NAME OF FREEDOM OF RELIGION ACT

Face2News/Chandigarh

Amidst ongoing Winter Session of Haryana Legislative Assembly which commenced this Monday  and which would continue for three days till Dec 28, an Advocate at Punjab and Haryana High Court, Hemant Kumar, has appealed to Manohar Lal Khattar Government led BJP-JJP in Haryana to get an Amendment Bill passed in this Session so as to rechristen / rename the Haryana Prevention of Unlawful Conversion of Religion Act, 2022, the law enacted by the State Assembly early this year as Haryana Freedom of Religion Act, 2022.

In support of his contention, Hemant has cited the names of not less than nine States of the country viz. Gujarat, Himachal Pradesh, Chhattisgarh, Jharkhand, Uttarakhand, Karnataka, Madhya Pradesh, Odisha, Arunachal Pradesh where respective State Assemblies/Legislatures have enacted similar laws in the name of Freedom of Religion Acts.

Even the State Assembly of Rajasthan firstly in the year 2006 and then in the year 2008 passed Rajasthan Freedom of Religion Bill(s) which however could not obtain the assent of the President of India till date.

However, Uttar Pradesh is the exception wherein the State Legislature enacted U.P. Prohibition of Unlawful Conversion of Religion Act, 2021. It seems Haryana has emulated Uttar Pradesh while enacting Haryana Prevention of Unlawful Conversion of Religion Act, 2022.

Meanwhile, the Advocate has also quoted Article 25 of Constitution of India which comes under Part III (Fundamental Rights) and which is titled Freedom of conscience and free profession, practice and propagation of Religion. It stipulates that subject to public order, morality and health, all persons are equally entitled to freedom of conscience and the right freely to profess, practise and propagate religion.

In support of his contention, Hemant has cited the names of not less than nine States of the country viz. Gujarat, Himachal Pradesh, Chhattisgarh, Jharkhand, Uttarakhand, Karnataka, Madhya Pradesh, Odisha, Arunachal Pradesh where respective State Assemblies/Legislatures have enacted similar laws in the name of Freedom of Religion Acts.Even the State Assembly of Rajasthan firstly in the year 2006 and then in the year 2008 passed Rajasthan Freedom of Religion Bill(s) which however could not obtain the assent of the President of India till date.

Of course, this Article further also states that nothing shall affect the operation of any existing law or prevent the State from making any law regulating or restricting any economic, financial, political or other secular activity which may be associated with religious practice.

Hemant legally opines that nevertheless various States in India in recent years have enacted law for prevention of unlawful conversion from one religion to another by misrepresentation, use of force, threat, undue influence, coercion, allurement or by any fraudulent means including by marriage or for marriage, however, the Supreme Court is yet to give a authoritative pronouncement with respect to the provisions contained in such enactments till date.

Last year in 2021, the Gujarat High Court and this year recently Madhya Pradesh High Court however questioned certain provisions of Gujarat Freedom of Religion Act, 2003 and Madhya Pradesh Freedom of Religion Act, 2021 respectively. Meanwhile, both matters remain sub-judice before High Courts as on date and even the Supreme Court has been moved in these cases.

However, the moot but significant point is that apart from Uttar Pradesh and Haryana, nine States in India enacted such law in the name of Freedom of Religion Act including Odisha (then Orissa) which enacted such law in 1967 and Arunachal Pradesh which did the same in the year 1978, asserts Hemant. Hence Haryana Assembly too ought to rechisten / rename the Haryana Prevention of Unlawful Conversion of Religion Act, 2022 as Haryana Freedom of Religion Act, 2022 particularly in consonance with Article 25 of Constitution of India.