Laws passed by states must be approved by central ministries before the president nods
The Ordinance on Illegal Religious ConversionsThe center announced by the Uttar Pradesh government last year was not sent to the center for inspection, according to a response from the Union’s Interior Ministry to a request for the Right to Information (RTI) law.
The Home Office (MHA) examines bills passed by state assemblies that violate core laws before getting the president’s approval to become law.
A similar law, passed by the Rajasthan Assembly under the BJP government in 2008, is pending at the MHA and has yet to be welcomed by the President as the MHA found it deviating from national policy and asked the state government for clarification .
Article 213 of the Constitution, according to which UP Governor Anandiben Patel promulgated the ordinance, states that the governor may not enact such an ordinance without instruction from the President if a bill would have required “the prior sanction of the president” to be introduced into the legislature .
MHA sends state bills for inter-ministerial consultation before receiving the President’s nod, only in the following circumstances – when it violates key laws, deviates from national or central policies, and when its legal and constitutional validity can be challenged.
The controversial ordinance – the Uttar Pradesh Prohibition of Illegal Conversion of Religion, 2020 – was enacted in November and so far more than 90 people, most of them Muslims, have been booked. The law makes religious conversion a criminal offense and imposes sentences of up to 10 years in prison if found to have been imposed for marriage or through misrepresentation, violence, improper influence, coercion, seduction or other alleged fraudulent means.
According to the regulation, if a woman were converted for the sole purpose of marriage, marriage would be annulled.
According to the procedures, the ordinance must be ratified within six weeks of the start of the UP Assembly once it is convened. It has already been challenged in the Allahabad High Court.
The Supreme Court earlier this month agreed to review the constitutional validity of a number of laws passed by states such as Uttar Pradesh and Uttarakhand that criminalize religious conversion through marriage and obtain prior official clearance prior to marriage to another Dictate belief.
The Hindu had made two RTI inquiries to know the status of the recently enacted UP Regulation and similar law of Rajasthan Dharm Swatantraya or the Law on Freedom of Religion passed by the Rajasthan Assembly in 2008.
When asked whether the UP governor had sent a copy of the Uttar Pradesh Ordinance to the MHA and whether the ministry had checked and determined that it violated a central law, the MHA replied, “It is reported that the Uttar Pradesh Prohibition of Unlawful Conversion of Religious Ordinance 2020 has not been received in our office so information cannot be provided. “
Regarding the Rajasthan Religious Freedom Act, the Ministry said, “The 2008 Rajasthan Dharm Swatantraya Act was obtained at the Ministry for the approval of President Hon’ble of India. The same is in progress. “
Rajasthan law provides for sentences of up to five years in prison. It also includes a de-registration clause for organizations found guilty of promoting conversions. The bill, which was also submitted to the President for approval in 2006, was sent back by then President Pratibha Patil.
A similar bill from the Chattisgarh government – Dharma Swatantraya Sanshodhan Vidheyak, 2006, is also pending with the state government after the center asked for clarification. The bill contains controversial clauses stating that a person’s return to the religion of their ancestor should not be construed as “conversion”.
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