[Ordinance No. 02 of 2022] An Ordinance to provide for protection of right to
freedom of religion and prohibition of unlawful conversion from one religion to
another by misrepresentation, force, undue influence, coercion, allurement or
by any fraudulent means. Whereas the Karnataka Legislative Assembly and the
Karnataka Legislative Council are not in session and the Hon'ble Governor of
Karnataka is satisfied that the circumstances exist which render it necessary
for him to take immediate action to promulgate the Ordinance for the purposes
hereinafter appearing; Now, therefore, in exercise of the powers conferred
by clause (1) of Article 213 of the Constitution of India, the Hon'ble Governor
of Karnataka is pleased to promulgate the following Ordinance, namely:- (1) This Ordinance may be called the Karnataka Protection of Right to
Freedom of Religion Ordinance, 2022. (2) It shall come into force at once. (1) In this Ordinance, 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-?-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 Ordinance; (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) Other words and expressions used but not defined in this Ordinance shall
have the same meaning as assigned to them in the Karnataka General Clauses
Act,1899 (Karnataka Act 03 of 1899). 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: Provided that, if any person reconverts to his
immediate previous religion the same shall not be deemed to be a conversion
under this Ordinance. 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. (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) 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) Whoever having been previously convicted of an offence under this
Ordinance is again convicted of an offence punishable under this Ordinance, 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. 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: Provided that, all the provisions of section 8 and
9 shall apply for such marriages to be solemnized. Notwithstanding anything contained in the Code of
Criminal Procedure, 1973 (Central Act 2 of 1974) every offence committed under
this Ordinance shall be cognizable and non-bailable. (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) 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) The District Magistrate, after receiving the information under
sub-section (1) and (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. (4) If the District Magistrate comes to a conclusion based on the said
inquiry of the commission of an offence under this Ordinance, he shall cause
the concerned police authorities to initiate criminal action for contravention
of the provisions of section 3. (5) Any conversion in contravention of sub-section (1) or sub-section (2) is
illegal and void. (6) Whoever contravenes the provisions sub-section (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. (7) Whoever contravenes the provisions of sub-section (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. (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) 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) 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) 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) 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) If the District Magistrate based on the said inquiry comes to a
conclusion of the commission of an offence under this Ordinance, he shall cause
the concerned police authorities to initiate criminal action for contravention
of the provisions of section 3. (7) The contravention of the provisions of sub-sections (1) to (4) shall
have the effect of rendering the said conversion illegal and void. (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. (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. (1) If any institution violates the provisions of this Ordinance, the person
or persons in charge of the affairs of the institution, shall be liable to
punishment as provided under section 5. (2) The State Government shall not provide any financial aid or grant to
such institution violating the provisions of this Ordinance. If offence is committed under this Ordinance, 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,- (i) every person who actually does the act which constitutes the offence;
and (ii) every person who aids or abets another in committing the offence. 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. The State Government may by notification in the
official Gazette, add, alter or omit any of the entries specified in the Forms. (1) If any difficulty arises in giving effect to the provisions of this
Ordinance, the State Government may, by a notification or by order, make such
provisions, which are not inconsistent with the provisions of this Ordinance,
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 Ordinance. (2) Every Order made under sub-section (1), shall, as soon as may be after
it is made, be laid before the State Legislature. (1) The State Government may make rules by notification, to carry out the
purposes of this Ordinance. (2) Every rule made under this Ordinance 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. (see sub
section (1) of section 8) (Form of
Notice) Notice regarding intended conversion from one
religion to another. To, The District Magistrate District ............... Karnataka. Sir, I ......................................... S/o/d/o
.............................. r/o ....................... do hereby, give
notice as required by sub-section (1) of section 8 for intended conversion from
......................................... religion to
......................................... religion and particulars of aforesaid
intended conversion are as below. (1) Name of the person to be converted
......................................... (2) Name of the: (a) Father of the person to be converted
......................................... (b) Mother of the person to be converted ......................................... (3) Address of the person to be converted
......................................... House No .................... Ward No
.................... Mohalla .................... Village
.................... Taluka .................... District ........................ (4) Age .................... (DOB) (5) Sex .................... (6) Occupation and monthly income .................... (7) Whether married or unmarried .................... (8) Name or persons, if any, dependent upon the person to be converted
...................................................................................................................... (9) If any minor, name and full address of the guardian if any
...................................................................................................................
... (10) Whether belong to Scheduled Castes or Scheduled Tribes and if so,
particulars of such caste
...................................................................................
...... ...... (11) Name of the place where the conversion ceremony is intended to take
place with full details. House No .................... Ward No
.................... Mohalla .................... Village
.................... District ........................ (12) Date for Conversion .................... (13) Religion Convertor: (i) Name, Qualification and experience
......................................... (ii) Address ........................................................ VERIFICATION I, .................... do hereby declare that the
information stated above is true to the best of my knowledge and belief and
nothing has been concealed. Signature .................... Date .................... Place .................... FORM II (see
sub-section(2) of section 8) (Form of
declaration) Intimation regarding intended conversion from one
religion to another. To, The District Magistrate District ......................................... Karnataka. Sir, I ......................................... S/o/d/o
.............................. r/o .......................... intend to perform
necessary ceremony for conversion from
......................................... religion to
......................................... religion, do hereby, give intimation
of intended conversion as required by sub-section (2) of section 8: (1) Name of the person to be converted
......................................... (2) Name of the: (a) Father of the person to be converted
......................................... (b) Mother of the person to be converted ......................................... (3) Address of the person to be converted
......................................... House No .................................. Ward No
.................................. Mohalla .................... Village
.................... Taluka ...................... District ........................ (4) Age .................... (DOB) (5) Sex .................... (6) Occupation and monthly income .................... (7) Whether married or unmarried .................... (8) Name or persons, if any, dependent upon the person to be converted
.................................................................................................................. (9) If any minor, name and full address of the guardian if any
.................................................................................................................... (10) Whether belong to Scheduled Castes or Scheduled Tribes and if so,
particulars of such
caste...................................................................................
...... ...... (11) Name of the place where the conversion ceremony is intended to take
place with full details. House No .................... Ward No
.................... Mohalla .................... Village
.................... District ........................ (12) Date for Conversion .................... (13) Religion Convertor : (i) Name, Qualification and experience.................... (ii) Address ............................. VERIFICATION I, .................... do hereby declare that the
information stated above is true to the best of my knowledge and belief and
nothing has been concealed. Signature .................... Date .................... Place .................... FORM III (see
sub-section (1) of section 9) (Form of
declaration) Intimation regarding conversion from one religion
to another To, The District Magistrate District ............................. Karnataka. Sir, I ...............................
S/o/d/o/..................... r/o .................... having undergone the
necessary ceremony for conversion from ...................... religion to
........................ religion, do hereby, give intimation of the conversion
as required by section 9 as under: (1) Full Name of person converted: (1) Before conversion ............................ (2) After conversion (if the name is changed) ................... (2) Name of the: (a) Father of the person converted ................................... (b) Mother of the person converted .................................... (3) Address of the person converted House No. ......... Ward No. ..........................
Mohalla .................... Village ............................. Taluka
........................ District ................. (4) Age .................................(DOB) (5) Sex ................................... (6) Occupation and monthly income ................. (7) Whether married or unmarried ............................. (8) Name of persons, if any, dependent upon the person converted
................ (9) If a minor, name and full address of the guardian, if any
...................... (10) Whether belongs to Scheduled Caste or Scheduled Tribe and if so,
particulars of such Caste .................. (11) Name of the place where the conversion ceremony has taken place with
full details House No. ..................... Ward No.
.............. Mohalla ........................ Village ...........................................
District......................... (12) Date of conversion ...................... (13) Religion Convertor: (i) Name, qualification and experience .............. (ii) Address ..................................................... (14) Names, address and other particulars (relationship with the person
converted, if any) of at least two persons other than religious priest who had
taken part in the conversion ceremony (1) ............................................ (2) ............................................ VERIFICATION I, .......................... do hereby declare
that the information stated above is true to the best of my knowledge and
belief nothing has been concealed. Signature .......................... Witness: (1) ....................... Witness: (2) ....................... Date ........................ Place .......................KARNATAKA
PROTECTION OF RIGHT TO FREEDOM OF RELIGION ORDINANCE, 2022
PREAMBLE