Anti-conversion bill passed by assembly
Mumbai, March 17 -- The controversial Maharashtra Anti-Conversion Bill, which aims to prevent religious conversions achieved through "unlawful" means such as coercion, fraud, or allurement, was passed in the state assembly by voice vote on Monday evening.
The bill was cleared after the Uddhav Thackeray-led Shiv Sena (UBT) broke ranks with its Maha Vikas Aghadi (MVA) allies to back the legislation, weakening the Opposition's resistance to the proposal.
With the bill's passage, Maharashtra will become the 13th state in the country to have an anti-conversion law. Civil society groups have pointed to certain provisions that can be used to target those wanting to convert. These include a 60-day notice to district authorities by those wanting to convert, or putting the burden of proof on the converted person to prove that their conversion was lawful in case a complaint is filed.
Minister of state for home Pankaj Bhoyar, while seeking the House's approval, assured that members' suggestions would be incorporated into the law. "The objective of the bill is not to deprive people of their fundamental rights, but to curb unlawful activities. The bill does not intend to suppress women's rights, but to prevent them from being cheated," he said.
Earlier on Monday, the debate in the state assembly on the controversial bill opened up new political possibilities when the Shiv Sena (UBT) argued in favour of it. Thackeray, a member of the legislative council, said he was in favour of freedom of religion and against forced conversion.
"We are supporting the bill because we are against conversion by threat, allurement, or force. At the same time, if the government claims that it has brought the bill in the backdrop of incidents of forceful conversion in the recent past, it should present data on such cases. They should give us information on how many such cases have been registered, in which regions, and involving which communities," he said.
Other opposition parties-the Congress, the Nationalist Congress Party (SP), and the Samajwadi Party-opposed the bill, saying it was against Article 25 of the Constitution (freedom of religion) and intended to target a particular community. They demanded that the bill be sent to a joint select committee of the state legislature for a thorough debate. They also demanded that citizens' opinions be sought by making the draft public.
But the already-depleted Opposition's position was further weakened when the Shiv Sena (UBT), which is the largest bloc of the MVA with 20 lawmakers, threw its weight behind the bill on the floor of the house. In a 288-member house, the combined Opposition has 51 members.
The Shiv Sena (UBT)'s stance created a stir in political circles, as the party has, in recent times, actively wooed the Muslim community and has, in turn, benefited from their support following its split from the BJP in 2019.
One of the reasons being attributed for the party's support for the anti-conversion bill in the house on Monday is that Thackeray's term as an MLC is coming to an end in May, and he is keen to get re-elected. The Opposition, given their meagre numbers, can elect only one candidate to the council.
A section of the Sena (UBT) leadership is exploring the possibility of an unopposed election, as has happened for the Rajya Sabha polls. All seven candidates from the state for the Rajya Sabha have been elected unopposed. An unopposed election would mean that even his bete noire, Eknath Shinde, will not be able to mar Thackeray's chances, said a senior Shiv Sena (UBT) leader.
Chief minister Devendra Fadnavis, while opening the debate on the bill, said the law was not meant to be against any particular community. He added that the law was aimed at protecting freedom of religion and curbing religious conversion through force, fraud, or allurement.
Fadnavis also said that while Article 25 guarantees the freedom of religion and every citizen has the right to choose their religion, the Supreme Court has, in various rulings, clarified that this right is subject to certain restrictions.
"The apex court has stated that the right to religion does not include the right to convert someone through force, fraud, or allurement. It also includes the right to be protected from such unlawful conversions. The court has also held that states are empowered to protect citizens by enacting anti-conversion laws. Maharashtra will be the 13th state to bring such a law, and states have been enacting such laws since 1968," he said.
The chief minister added that the bill also provides for declaring a marriage unlawful if it has been solemnised with the intention of unlawful conversion....
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