Haryana Prevention of Unlawful Conversion of Religion Act, 2022

[12th April,2022]

An Act to provide 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 or by marriage or for marriage and for matters connected therewith and incidental thereto.

Be it enacted by the Legislature of the State of Haryana in the Seventy-third Year of the Republic of India as follows.

Section - 1. Short title and commencement.

(1)     This Act may be called the Haryana Prevention of Unlawful Conversion of Religion Act,2022.

(2)     It shall come into force on such date, as the Government may, by notification in the O official G gazette, appoint.

Section - 2. Definitions.

(1)     In this Act, unless the context otherwise requires.

(a)      "allurement" means and includes an act of offering any temptation in the form of any gift or gratification or material benefits either in cash or kind or employment, education in school run by any religious body, better life style, divine pleasure or promise thereof;

(b)      "coercion" means committing or threatening to commit any act punishable under the Indian Penal code, 1860 (Central Act 45 of 1860) or any other law for the time being in force or unlawful detaining, threatening to detain, any property to the prejudice of any person, whatever, with the intention of causing any person to convert to another religion;

(c)      "conversion" means renouncing one religion and adopting another religion but does not include return of any person to the religion professed or being professed by, any one or both, the parents or grandparents off person;

(d)      "digital mode" means and includes,

(I)      social media networking site that allow individuals to,

(i)       construct a public or semi-public profile within a bounded system;

(ii)      articulate a list of other users with whom they share a connection; and

(iii)     view and traverse their list of connections and those made bv others within the system;

(II)     social media applications aiming on building online communities of people who share interests and activities or who are interested in exploring the interests and activities of others and provide a variety of ways for users to interact such as e-mail and instant messaging;

(e)      "force" means causing or threatening to cause another person any injury to his person or property or to the person or property of anyone in whom that person is interested with the intent that such person shall do the thing which is the object of the offender to cause him to do;

(f)       "fraudulent" includes misrepresentation of any kind or inducing any person to do or omit to do anything which he shall not do or omit if he was not so misrepresented or induced;

(g)      "Government" means the Government of the State of Haryana in the administrate Be department;

(h)     "minor" shall have the same meaning as assigned to it in clause (f) of section 2 of the Prohibition of Child Marriage Act, 2006 (Central Act 6 of 2007);

(i)       "prescribed" means prescribed by the rules made under this Act;

(j)       "religion" means any organized system of faith, belief, worship or lifestyle as prevailing in India or any part thereof and defined under any law or custom for the time being in force;

(k)      ?religious priest? means and includes a person professing any religion and who performs rituals including purification sinker or conversion ceremony of any religion and by whatever name is called such as Polari, Pundit, Quiz, Mullah, Mauve, Father, Pastor or Nun; (1) ?special officer? means an officer not below the rank of Inspector, as the Government may, by order, appoint for the specified area, for the purposes of this Act;

(l)       ?undue influence? includes inducement by a person, who is in a position to dominate the will of another on account of his fiduciary relation or real or apparent authority over the other to obtain an unfair advantage by using his such position.

(2)     Words and expressions used but not defined in this Act and defined in the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), the Indian Penal Code, 1860 (Central Act 45 of 1860) or the Information Technology Act, 2000 (Central Act 2l of 2000), shall have the meanings respectively assigned to them in that Act.

Section - 3.Conversion of religion.

No person shall-

(a)      convert or attempt to convert, either directly or otherwise, any other person from one religion to another.

(i)       by misrepresentation, use of force, threat, undue influence, coercion, allurement or by fraudulent means including use of digital mode; or

(ii)      by marriage or for marriage:

Provided that nothing contained in clause (ii) shall apply to willful conversion duly certified by the District Magistrate as per the provisions of section 9 of this Act;

(b)      abet or conspire such conversion through any means including digital mode;

(c)      conceal his religion with intention to marry.

Section - 4. Cognizance of offence.

No Court shall take cognizance of an offence punishable under this Act except upon a police report or upon a complaint made by the person aggrieved by the offence or by his parents or siblings or by an officer authorized by the Government or with the leave of the Court by any other person who is related by blood, marriage, adoption, guardianship or custodianship, as the case may be.

Section - 5. Marriage by concealnrent.

Any marriage solemnized in contravention of clause (c) of section 3 shall be null and void.

Section - 6. Jurisdiction of Court.

Every petition for declaring a marriage null and void under section 5 shall be presented by any party aggrieved by the marriage before the Family Court or where a Family Court is not established, the Court having jurisdiction within the local limits wherein,-

(a)      the marriage was solemnized; or

(b)      the respondent, at the time of the presentation of the petition, resides; or

(c)      either parties to the marriage last resided together.

Section - 7. Right to inheritance.

Any child born in the marriage solemnized in contravention of section 3 shall be deemed to be legitimate and the succession of property to such child shall be governed according to the law governing inheritance of,-

(i)       in case of property of father/father's ancestors, the father; and

(ii)      in case of property of mother/mother's ancestors, the mother

Section - 8. Right to maintenance.

The court in the proceeding under section 6 of this Act may grant maintenance and expenses of the proceedings on an application filed by any pain and to a minor child born in the marriage so declared null and void, in such manner, as may be prescribed.

Section - 9, Declaration before conversion of religion.

(1)     Any person who intends to convert shall submit a declaration to that effect, prior to such conversion. to the District Magistrate stating his intention to convert out of his own frock will and without any force, coercion, undue influence or allurement in such form, as may be prescribed.

(2)     Any religious priest and/or any person who intends to organize conversion shall give 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 District Magistrate on receiving the information under sub-section (1) or (2), shall give acknowledgement of such prior notice or declaration and affix the copy of such notice or declaration at the conspicuous place or on the notice board of his office, in such manner, as may be prescribed.

(4)     Any person may, before the expiry of thirty days from the date of notice affixed on the notice board under sub-section (3), file written objections to such intended conversion on the ground that it shall conversion? the provision of suction 3.

(5)     If any objection is received by the District Magistrate under sub-section (4) within stipulated time then he shall verifr and conduct inquiry in such manner, as may be prescribed.

(6)     If the District Magistrate comes to the conclusion that the intended conversion is in contravention of section 3 then he shall decline the intended conversion by passing a reasoned order.

(7)     The District Magistrate shall, after being satisfied as per the provisions of this Act that the conversion is willful and without any misrepresentation, use of force, threat, undue influence, coercion, allurement or by any fraudulent means or by marriage or for marriage, issue a certificate to that effect in such manner, as may be prescribed.

(8)     The District Magistrate shall pass order under sub-section (6) or shall issue certificate under sub-section (7) within three months of expiry of notice period as provided under sub-section (4):

Provided that the District Magistrate, for the reasons to be recorded in writing, may pass an order or issue certificate within such period, as he may deem fit, but not later than six months after the expiry of notice period.

(9)     Any conversion in violation of sub-sections (l) and (2) shall be deemed to be unlawful and ineffective.

Section - 10. Appeal.

Any person aggrieved by the order passed by the District Magistrate under section 9 may file an appeal within a period of thirty days from the receipt of certified copy of the order or issuance of certificate, as the case may be, before the conceded Divisional Commissioner, in such manner, as may be prescribed:

Provided that the Divisional Commissioner may further extend the period for thirty days for filing an appeal on showing reasonable cause for the delay by the aggrieved person.

Section - 11. Conversion to be null and void.

Any conversion in contravention of the provisions of this Act shall be null and void.

Section - 12. Punishment for contravention of provisions of Act .

(1)     Whoever intends to marry a person of any religion other than the religion professed by him in contravention of the provisions of section 3 (c) by concealing his religion in such a manner that the other person whom he intends to marry believes that his religion is truly the one professed by him, shall be punished with imprisonment for a term, which shall not be less than three years which may extend to ten years and shall also be liable to fine which shall not be less than three lac rupees.

(2)     Whoever contravenes the provisions of section 3 in respect of a minor. a woman or a person belonging to the Scheduled Castes or Scheduled Tribes, shall be punished with imprisonment for a term which shall not be less than four years which may extend to ten years and shall also be liable to fine which shall not be less than three lac rupees.

(3)     I Whoever contravenes of section 3 in respect of mass conversion shall be punished with imprisonment for a term which shall not be less than five years which may extend to ten years and shall also be liable to fine which shall not be less than four lac rupees:

Explanation:- Mass conversion for the purposes of this sub-section means a conversion wherein more than two persons are converted at the same time.

(4)     Whoever contravenes the provisions of section 9 shall be punished with imprisonment for a term which shall not be less than three years which may extend to five years and shall also be liable to fine which shall not be less than two lac rupees:

Provided that in case of a second or subsequent offence mentioned in this section, the term of imprisonment shall not be less than ten years and also with fine which shall not be less than five lac rupees.

Section - 13. Punishinent for violation of provisions of Act by an institution or organization.

(1)     Where any institution or organization violates any provisions of this Act, the person in-charge of the affairs of such institution or organization, as the case may be, indulged in such violation shall] be liable for punishment as provided under section 12, as the case may be.

(2)     Where any institution or organization is found guilty under sub-section (1). the registration of such institution or organization, as the case may be, shall be cancelled by the competent authority in such manner, as may be prescribed.

Explanation. ?competent authority? for the purposes of this section shall be the authority who registered such institution or organization.

Section - 14. Order to pay compensation.

The Court may order to pay compensation as per the provisions of section 357 of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974).

Section - 15. Burden of proof.

The burden of proof shall lie on the accused in case of violation of any of the provision of this Act.

Section - 16. Offence to be cognizable, nonsalable and tribal by Court of Session.

(1)     Every offence committed under this Act shall be cognizable, non-boilable and tradable by the Court of Session.

(2)     While trying an offence under this Act, the Court of Session may also try an offence arising out of same incident, other than the offence under this Act, with which the accused may be charged under any other law for the said incident.

Section - 17. Investigation.

No police officer other than the special officer shall investigate any offence under this Act.

Section - 18. Power to remove difficulty.

(1)     Ifany difficulty arises in giving effect to the provisions of this Act, the Government may, by order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for removing such difficulty:

Provided that no such order shall be made after the expiry of a period of two years from the date of commencement of this Act.

(2)     Every order made under this section shall, as soon as may be after it is made. be laid before the State Legislature.

Section - 19. Power to make Rules.

(1)     The Government may, by notification in the Official Gazette. make rules for carrying out the provisions of this Act.

(2)     Every rule made under this Act shall be laid, as soon as may be, after it is made, before the House of the State Legislature, while it is in session.