A senior Chhattisgarh minister declared last week standing outside the state assembly that the state government was planning to bring an anti-conversion law during that session.

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“The President asked for some queries and that bill was put on hold. The reply was sent and it is expected that the same bill will be tabled with some changes,” a senior IAS officer, who did not wish to be named, said.

Experts believe that the amendment bill that is passed by the legislature has not lapsed, but after the President’s assent, can become an act.

“Article 200 provides three options to the Governor — either give assent or withhold assent or reserve the bill for the President’s assent. Article 201 states that the President may provide assent or withhold the assent by either asking the Governor to reject and send back the bill to the House or to send the bill to the House with a message. In the present case, the President exercised the option of sending the bill back with certain questions. As soon as the President gives assent, it will become an Act,” said Abhinav K Shukla, assistant professor of Hidayatullah National Law University.

A senior Chhattisgarh official who asked to remain anonymous, said that exact details of the bill are unknown, and is yet to be discussed by the cabinet. In 2006, objections were raised over the issue of return to the original religion.

“The main objection raised was what if a tribal person did not know the ancestral religion. In that case, if he converted to Hinduism and claimed that he/she reverted to an original religion, what would the proof of that be,” the officer explained.

The officer further said that conversions in tribal areas are from Hinduism to Christianity.

“The Union government then stated that as forceful conversions and will be subjected to restrictions/ prior intimation and permissions, the return to “original” religion conversions will be absolutely exempted from prosecution,” said the officer.

What is the existing act?

The Madhya Pradesh Dharma Swatantrya Adhiniyam, 1968 was adopted by Chhattisgarh when it came into existence in 2000. The Act prohibits conversion from one religion to another by the use of force or allurement or by fraudulent means and for matters incidental.

Conversion implies renouncing one’s religion and adopting another. “Force” implies a show of force or a threat of injury of any kind including the threat of divine displeasure or social ex-communication. The act further defined “fraud” as misrepresentation or any other fraudulent contrivance.

The Act stated that no person shall convert or attempt to convert, either directly or otherwise, any person from one 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.

To do so would invite a punishment of imprisonment up to a year or a fine of up to ₹5,000. In the case of a minor, a woman or a person belonging to the Scheduled Castes or Scheduled Tribes, the punishment shall be imprisonment of up to two years and a fine of up to ₹10,000.

The Act stated that anyone who converted any person from one religious faith to another either by performing the ceremony necessary for such conversion as a religious priest or by taking part directly or indirectly in such ceremony shall, within such period after the ceremony as may be prescribed, was required to send an intimation to the district magistrate of the region in which the ceremony took place. Any violation of this rule was punishable with imprisonment of up to a year or with fine of up to ₹1000. Any offence committed under this act was cognizable and had to be investigated by an officer above the rank of inspector.

What was the amendment bill of 2006?

Chhattisgarh Dharma Swantantraya Adhiniyam, 2006 was passed by the Raman Singh-led government. It stated that the return to a person’s ancestor’s religion or their own original religion cannot be construed as conversion. The then BJP government claimed that conversion by use of force, allurement or by fraudulent means was common in Chhattisgarh, especially in the tribal areas. Thus, deterrent provisions in the existing Chhattisgarh Dharma Swatantrya Adhiniyam, 1968 were necessary, the bill stated.

The bill also increased the punishment of the offence — making it punishable to up to three years or with fine of up to ₹20,000 or both.

“Whoever intends to convert any person from one religious faith to another either by performing himself the ceremony necessary for such conversion as a religious priest or by taking part directly or indirectly in such ceremony, shall apply for permission at least thirty days before the intended date of such conversion, to the District Magistrate in whose jurisdiction the ceremony is intended to be performed, in such form, as may be prescribed,” the amendment read, seeking that any intimation of conversion take place before it happened, rather than after.

Furthermore, the amendment allowed the district magistrate the power to refuse permission. “The District Magistrate shall, after inquiry, by an order, permit or refuse to permit any person to convert, any person, from one religious faith to another and such permission shall be valid for two months from the date of its order,” it stated.

“Any person aggrieved by the order passed by the magistrate may appeal, within thirty days from the date of the order to the district judge whose decision shall be final,” the amendment read.

It further clarified that no civil court shall entertain any suit or proceeding against any decision made or order passed by any officer or authority under the law or any rule made thereunder.

“No person accused of an offence punishable under this Act shall be released on bail or on his own bond unless the public prosecutor has been given an opportunity to oppose the application for such release,” it stated.

The issue of religious conversion has been a contention for decades. In 1963, the then Rashtriya Swayamsevak Sangh chief MS Golwalkar inaugurated the permanent office of the Vanvasi Kalyan Ashram. The ashram itself was established in Jashpur, in what is now Chhattisgarh, in 1952. By 1993, BJP leader Dilip Singh Judeo, began a ghar vapsi campaign, in which he held mass programmes for Christians to rejoin the Hindu faith. Judeo died in 2013, and his son Prabal Pratap Singh Judeo, who is secretary of the Chhattisgarh BJP unit, continues this work.