Himachal Pradesh Freedom of Religion Act, 2019
No: 13 Dated: Nov, 06 2019
THE HIMACHAL PRADESH FREEDOM OF RELIGION ACT, 2019
(Act No. 13 of 2019)
An Act to re-enact the law to provide freedom of religion by prohibition of conversion from one religion to another by misrepresentation, force, undue influence, coercion, inducement or by any fraudulent means or by marriage and for matters connected therewith and incidental thereto.
BE it enacted by the Legislative Assembly of Himachal Pradesh in the Seventieth Year of the Republic of India as follows:—
1. Short title and commencement.—(1) This Act may be called the Himachal Pradesh Freedom of Religion Act, 2019.
(2) It shall come into force on such date as the State Government may, by notification in the Rajpatra (e-Gazette), Himachal Pradesh, appoint
2. Definitions.—In this Act, unless the context otherwise requires,—
(a) “coercion” means compelling an individual to act against his will by use of psychological pressure or physical force causing bodily injury or threat thereof;
(b) “conversion” means renouncing one religion and adopting another;
(c) “fraudulent” means to do a thing with intent to defraud;
(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 including a threat of divine displeasure or social ex-communication;
(e) “Government or State Government” means the Government of Himachal Pradesh;
(f) “inducement” means and includes offer of any temptation in the form of any gift or gratification or material benefit, either in cash or kind or employment, free education in reputed school run by any religious body, easy money, better lifestyle, divine pleasure or otherwise;
(g) “minor” means a person under eighteen years of age;
(h) “prescribed” means prescribed by rules made under this Act;
(i) “religion” means any organized system of 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;
(j) “religious priest” means priest of any religion who performs purification Sanskar or conversion ceremony of any religion and by whatever name he is called such as pujari, pandit, mulla, maulvi, father etc.; and
(k) “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.
3. Prohibition of conversion from one religion to another by misrepresentation, force, fraud, undue influence, coercion, inducement or marriage.—No person shall convert or attempt to convert, either directly or otherwise, any other person from one religion to another by use of misrepresentation, force, undue influence, coercion, inducement or by any fraudulent means or by marriage; nor shall any person abet or conspire such conversion:
Provided that, if any person re-converts to his parent religion, it shall not be deemed to be a conversion under this Act.
4. Punishment for contravention of provisions of section 3.—Whoever contravenes the provisions of section 3 shall, without prejudice to any civil liability, be punished with imprisonment for a term, which shall not be less than one year but which may extend to five years and shall also be liable to pay fine:
Provided that whoever contravenes the provisions of section 3 in respect of a minor, a woman or a person belonging to the Scheduled Caste or Scheduled Tribe shall be punished with imprisonment for a term which shall not be less than two years but which may extend to seven years and shall also be liable to pay fine :