There are many cases where someone changes his religion due to many reasons. One of the most renowned issue is of changing someone's religion is referring love in between. So, in this article we are going to discuss about different issues of changing religion in India and will also discuss about the importance of the Madhya Pradesh Freedom of Religion Ordinance, 2020.
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| Stop Unwillingly Religious Conversions |
Preface - There is a vast history of changing of religion in this world. We find different religion, culture, way of living. Indeed there are many people who do not want to follow any religion, so are called atheist. But as per time, in ancient India, many religions born like Jainism, Buddhism, Christianity and after all Islam. These are most popular religions but we should not ignore about the number of religions in the world. Majority of people belong to Christianity, then Islam, then Unaffiliated (must not be atheist because they do not oppose the existence of God, or accept, but they do not affiliate with existing religions), then Hinduism, then Buddhism, then Folk religions, then other religions (like Jews, Jain, Sikhs etc) (As per Indian constitution Jain, Sikh, Buddha are a part of Hinduism and they are constitutionally treated as Hindu).
People converted to other religion because of many reasons, one of the most known reason is power. Might is right, this was applied for conversions. Mainly Christianity and Islam is known for forceful conversions. There is an undignified history of forceful conversion of Hindus to Islam & Christianity. There is also an evidence of converting someone by fencing in love. Boys pretend to love a girl and then marry, or force to convert her in his religion (girls can also force to convert), this is generally known as "Love Jihad". Generally this term is coined for Muslims boys / men and other religions (usually Hindu) girls.
Huge protests took place in coming days in India. People demanded a bill against "Love Jihad" and this became a burning issue in India. Therefore some states like Uttar Pradesh and after Madhya Pradesh government brought an Act "The Madhya Pradesh Freedom of Religion Ordinance, 2020" an at against love jihad.
But today we are going to prove that this ordinance is not only against forceful conversions or merely against Muslims in India, but this is a charming act against all inhuman people who try to convert someone unwillingly. This ordinance is obviously against Love Jihad, but culprits' religion is not only bound upto a particular religion.
Note: There is no restrictions against confirming love in between Hindu, Muslim or any other religions. Even marriage in different castes, religion is also permitted like before.
THE MADHYA PRADESH FREEDOM OF RELIGION ORDINANCE, 2020
There are total 17 Sections in this ordinance. An ordinance is such order published by the authority, that is needed urgently. But within some definite period of time, putting in legislative assembly is needed.
| Section | Content |
| 1 | Short Title, extent and commencement |
| 2 | Definitions |
| 3 | Prohibition of unlawful conversions from one religion to other religion |
| 4 | Complaint against conversion of religion |
| 5 | Punishment for contravention of provisions of section 3 |
| 6 | Marriages performed with the intent to convert a person shall be null and void |
| 7 | Jurisdiction of the Court |
| 8 | Inheritance Right |
| 9 | Right to Maintenance |
| 10 | Declaration before conversion of religion |
| 11 | Punishment for violation of provisions of Ordinance by an institution or organization |
| 12 | Burden of proof |
| 13 | Offence to be cognizable, non-bailable and triable by Court of Session |
| 14 | Investigation |
| 15 | Power to remove difficulties |
| 16 | Power to make rules |
| 17 | Repeal and saving |
You can see the index above indicating about the ordinance first published in the "Madhya Pradesh Gazette (Extra-ordinary)", dated the 9th January, 2021. We are going to put words from the original ordinance, but wherever explanation is needed, that will be provided. So let's start -
(Note- for exact original ordinance, please read official gazette.)
Relevant Content of -
MADHYA PRADESH ORDINANCE No. 1 OF 2021 {The Madhya Pradesh Freedom of Religion Ordinance, 2021}
Promulgated by the Governor in the seventy first year of the Republic of India. An ordinance to provide freedom of religion by prohibiting conversions from one religion to another by misrepresentation, allurement, use of threat or force, undue influence, coercion, marriage or any fraudulent means and for the matters connected therewith or incidental thereto. Whereas the State Legislature is not in session and the Governor of Madhya Pradesh is satisfied that circumstance exist which render it necessary to take immediate action;
(Note - State Legislature was not in action in that time because of COVID-19)
Now, therefore, in exercise of the powers conferred by clause (1) of article 213 of the Constitution of India, the Governor of Madhya Pradesh is pleased to promulgate the following Ordinance:-
Section 1- Short title, extent and commencement
(1) This Ordinance may be called the Madhya Pradesh Freedom of Religion Ordinance, 2020.
(2) It shall extend to the whole of the State of Madhya Pradesh.
(3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint. (on 9th January, 2021 this ordinance was publish in Madhya Pradesh Gazette)
Section 2- Definitions
(1) Definitions of allurement, coercion, conversion, force, fraudulent, government, minor, religious priest, undue influence are given. Some important fact you have to know -
allurement means and includes an act of offering of any temptation in the form of any gift or gratification or material benefit, either in cash or kind or employment, education in school run by any religious body, better lifestyle, divine pleasure or the promise of it thereof or otherwise.
The parental religion of the person converted shall mean the religion to which his father belonged at the time of birth of such person.
A minor means a person under eighteen years of age.
Religious priest is who perform rituals including purification Sanskar or conversion ceremony of any religion an by whatever name is called such as Pujari, Pandit, Qazi, Mulla, Maulvi, and Father.
undue influence means if a person uses other ones or object to threaten to do so. It comes under unwillingly action.
(2) The words and expressions used in this Ordinance but not defined herein but defined in the Code of Criminal Procedure, 1973 (2 of 1974) and the Indian Penal Code, 1860 (45 of 1860) shall have the same meaning as assigned to them respectively unless the context otherwise provides.
Section 3- Prohibition of unlawful conversion from one religion to other religion
No person shall convert or attempt to convert, either directly or otherwise, any other person by use of misrepresentation, allurement, use of threat or force, undue influence, coercion or marriage or by any other fraudulent means. No person shall abet or conspire such conversion. Any conversion in contravention of provision of this section shall be deemed null and void.
Section 4- Complaint against conversion of religion
No police officer shall inquire or investigate except upon a written complaint of a person converted in contravention of section 3 above or his parents or siblings or with the leave of the court by any other person who is related by blood, marriage or adoption, guardianship or custodianship, as may be applicable.
Section 5- Punishment for contravention of provisions of section 3
Whoever contravenes the provision of section 3 shall be punished with imprisonment for a term, which shall not be less than one year but which may extend to five years and shall also be liable to fine which shall not be less than Rupees Twenty Five Thousand..... and so on....
Mass conversion means a conversion wherein more than two persons are converted at the same time.
Section 6- Marriages performed with the intent to convert a person shall be null and void
A marriage performed in contravention of section 3 shall be deemed null and void.
Section 7- Jurisdiction of the Court
Every petition should be presented in family court first (if not available then alternatives are there). This petition for section 6 should be filed by section 4 mentioned individuals.
Section 8- Inheritance right
As section 6, if the marriage is deemed null and voice, the child born out of the couple should be legitimate and he has all the right over his parental property.
Section 9- Right to maintenance
Notwithstanding nay provision contained in any other law for the time being in force such woman whose marriage is declared null and void under section 7 and her children born such marriage shall be entitled to maintenance as provided in Chapter IX of the CrPC, 1973 (2 out of 1974).
Section 10- Declaration before conversion of religion
(1) Any person who desires to convert shall submit a declaration to that effect 60 days prior to such conversion, in prescribed Form to the District Magistrate stating that he desires to convert on his own free will and without any force, coercion, undue influence or allurement.
(2) Any religious priest and/or any person who intends to organize conversion shall give 60 days prior notice to the District Magistrate of the district where such conversion is proposed to be organized in such Form as may be prescribed.
(3) The DM on receiving the information under sub-section (1) and (2) shall give acknowledgment of such prior notice in such manner as may be prescribed.
(4) Whoever contravenes the provision of sub-section (2) shall be punished with imprisonment for a term which shall not be less than three years, but may extend to five years and shall also be liable to fine which shall not be less than Rupees Fifty Thousand.
(5) No court shall take cognizance of the offence committed under this section without prior sanction of the concerned District Magistrate.
Section 11- Punishment for violation of provision of Ordinance by an institution or organization
(1) Where any institution or organization violates any provision of this Ordinance, the person in-charge of the affairs of the such institution or organization, as the case may be, shall be liable for punishment as provided under section 5 of this Ordinance.
(2) The registration of institution or organization found guilty of committing any offence under this Ordinance may be rescinded by the Competent Authority.
Section 12- Burden of Proof
The burden of proof as to whether a conversion was not effected through misrepresentation, allurement, use of force, threat of force, undue influence, coercion or by marriage or any other fraudulent means done for the purpose of carrying out conversion lies on the accused.
Section 13- Offence to be cognizable, non-bailable and triable by Court of Session
(1) Notwithstanding anything contrary contained in the Code of Criminal Procedure, 1973, every offence committed under this Ordinance shall be cognizable, non-bailable and triable by the Court of Session.
(2) While trying an offence under this Ordinance, a Session Court may also try an offence, other than the offence under this Ordinance, with which the accused may, under th Code of Criminal Procedure, 1973, be charged at the same trial.
Section 14- Investigation
No Police Officer below the rank of Sub- Inspector of Police shall investigate any offence registered under the Ordinance.
Section 15- Power to remove difficulties
(1) If any difficulty arises in giving effect tot he provisions of this Ordinance, the Government may, be order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Ordinance, as appear to it, to be necessary or expedient for removing the difficulty.
* Provided that no such order shall be made after the expiry of the period of two (2) years from the date of commencement of this Ordinance. (Means after 9th January, 2023 no changes could be possible as per this subsection of section 15)
(2) Every order made under this section shall, as soon as may be after it is made, be laid before State Legislature.
Section 16- Power to make rules
(1) The Government may, by notification in the Official Gazette, make rules or regulations for carrying out the provisions of this Ordinance.
(2) Any notification issued under sub-section (1) shall be published in the Official Gazette, and shall take effect thereupon.
Section 17- Repeal and saving
(1) The Madhya Pradesh Dharma Swatantrya Adhiniyam, 1968 (No. 27 of 1968) and rules made thereunder are hereby repealed.
(2) Notwithstanding such repeal, but without prejudice to the application of section 10 of the Madhya Pradesh General Clauses Act, 1957 (3 of 1958), anything done or any action taken or purported to have been done or taken under or in pursuance of the Acts so repealed, shall, in so far as it is not inconsistent with the provision of this ordinance, be deemed to have been done or taken under or in pursuance of the corresponding provisions of this ordinance.
Here we see that this ordinance is really too good to curb inappropriate conversions within the State. No one is bound to convert, or to be in his/her religion without him/her willing.
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Thanks You
Abhishek Kumar Tripathi
Assistant Grade-III
MP Public Prosecution Department
Tehsil Deosar, District-Singrauli (Madhya Pradesh)
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