The High Court of Karnataka ordered issue of notice to the State Government on a PIL petition questioning the constitutional validity of the Karnataka Protection of Right to Freedom of Religion Ordinance, 2022, which prohibits conversion from one religion to another by ‘fraudulent means’.
A division Bench comprising acting Chief Justice Alok Aradhe and Justice J.M. Khazi passed the order on a petition filed by the Evangelical Fellowship of India, New Delhi, and the All Karnataka United Christian Forum for Human Rights, Bengaluru.
Orally observing that the matter requires consideration, the bench adjourned further hearing after directing the government to submit statement of objections to the petition within four weeks.
‘Manifestly arbitrary’
Appearing for the petitioners, Senior Advocate Aditya Sondhi argued that the ordinance, promulgated on May 17, 2022, is ‘manifestly arbitrary’ as it prohibits all types of religious conversions in violation of the provisions of the Constitution of India.
When Mr. Sondhi requested the court to either stay implementation of the provisions of the ordinance or pass an interim order directing authorities not to take coercive steps based on the ordinance, the bench said it would examine all the issues after the government submits its statement of objections.
“The ordinance seems to be premised on a conspiracy theory and assumes that all conversions are illegally forced upon individuals who may have attained the age of majority,” the petitioners have contended while arguing that the ordinance impinges upon the right to convert oneself to another religion under Article 25, the right to freedom of religion, of the Constitution.
As provisions of the ordinance empowers the State to suppress an individual’s personal liberty, it violates the fundamental right to life and personal liberty guaranteed in the Constitution, the petitioners claim.
“The bogey of forced conversions has dominated the political landscape in India of late. It is also indisputably true that some forced conversions may have been affected by groups from all major religious communities. However, the ordinance, due to slew of its legal and practical deficiencies, is definitely not an appropriate solution to the problem,” the petitioners have claimed.
Right to privacy
As individuals have to approach the district magistrate to validate their conversion for the purpose of marriage or otherwise, the ordinance violates their right to privacy, it has been contended in the petition while pointing out that use of ‘uncertain and vague’ terminologies like misrepresentation, force, fraud and allurement pose serious avenue for misuse of the law.
The ordinance, the petitioners have claimed, also violates the right to equality before the law as it makes an exception in case a person reverts back to his original religion.
It has been alleged that the ordinance is an attack on the secular fabric that holds Indian democracy together, and demonstrates intolerance towards the religious choices of the people as the government assumes the role of protecting the religious identities of people.
Pandora’s box
The ordinance may also open a Pandora’s box, and lead to mistrust and conflict between rival religious outfits and groups, the petitioners have claimed.
