JHARKHAND FREEDOM OF RELIGION ACT,
2017 THE JHARKHAND FREEDOM OF RELIGION ACT,
2017 [Act No. 17 of 2017] A Act 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 there
to. Be it
enacted by the Jharkhand Legislature in the Sixty Eight year of the Republic of
India as follows: (1)
This Act may be called the Jharkhand Freedom of Religion Act, 2017 (2)
It shall extent to the whole of the State of Jharkhand. (3)
It shall come into force from the date of its issuance. In this
Act unless the context otherwise requires; (a)
"allurement" means offer of any temptation in the form
of (i)
any gift or gratification either in cash or kind; (ii)
grant of any material benefit, either monetary or otherwise; (b)
"Conversion" means renouncing one religion and adopting
another; (c)
"Convert" means to make one person to renounce one
religion and adopt another religion; (d)
"Force" shall include a show of force or threat of
injury of any kind including threat of divine displeasure or social
ex-communication. (e)
"Fraud" shall include misrepresentation or any other
fraudulent contrivance; (f)
"Indigenous faith" means such religions, belief and
practices including rites, rituals, festivals. Observance, performances,
abstinence, customs as have been found sanctioned, approved, performed by the
Scheduled Tribe communities of Jharkhand from the time these communities have
been known. (g)
"minor" means a person under eighteen years of age. (h)
"religious faith" means faith related to religion, which
also includes indigenous faith. No person
shall convert or attempt to convert, either directly or otherwise, any person
from one religion/religious faith to another by the use of force or by
allurement or by any fraudulent means, nor shall any person abet any such
conversion. Any
person contravening the provision contained in section 3 shall, without
prejudice to any civil liability be punishable with imprisonment which may
extend to three years or with fine which may extent to fifty thousand rupees or
with both; Provided
that in case the offence is committed in respect of a minor, a woman or a
person belonging to the Schedules Castes or Scheduled Tribes, the punishment
shall be imprisonment to the extent of four years and fine up to one hundred
thousand rupees (one lakh rupees); (1)
Whoever converts any person from one religion/religious faith to
another, either by performing any ceremony by himself for such conversion as a
religious priest or takes part directly or indirectly in such ceremony shall
take prior permission for such proposed conversion from the District Magistrate
concerned by applying in such form as may be prescribed by rules. (2)
The person who is converted shall send intimation to the District
Magistrate of the District concerned in which the ceremony has taken place of
the fact of such conversion within such period and in such form as may be
prescribed by rules. (3)
Whoever fails without sufficient cause, to comply with the
provisions of sub-section (1) and (2) shall be punished with imprisonment for a
term which may extend to one year or with fine which may extend to rupees five
thousand or with both. An
offence under this Act shall be cognizable and non bailable. Such cases shall
not be investigated by an officer below the rank of an Inspector of Police. No
prosecution for an offence under this Act shall be instituted except by, or
with the previous sanction of the District Magistrate or such other Authority,
not below the rank of a Sub-Divisional Officer, as may be authorized by him in
that behalf. The State
Government may make rules for the purpose of carrying out the provisions of
this Act.
Preamble - JHARKHAND FREEDOM OF RELIGION ACT, 2017PREAMBLE