Anti-conversion law introduced in Maharashtra, what are the new rules regarding marriage, children and punishment: – ..
News India Live, Digital Desk: This law introduced by the Maharashtra government is very similar to the laws of other states (such as Uttar Pradesh and Gujarat), but with some special changes regarding the rights of children and the definition of ‘inducement’.
1. Special provisions for children (Rights of Children)
The most important and unique section of the bill Section 5 which is about children born out of marriage resulting from ‘illegal’ conversion:
Determination of religion: If a marriage has taken place due to illegal conversion, the religion of the child born from that marriage The same will be considered as his mother’s original religion before marriage.
Right of inheritance: The child will be entitled to inherit the properties of both his parents.
Custody: The custody of the child will remain with the mother, unless the court directs otherwise.
2. Punishment and Penalties
General Conversion: upon being found guilty 7 years imprisonment And a fine ranging from ₹1 lakh to ₹5 lakh.
Vulnerable Group: If the victim is a minor, a woman, or from the SC/ST community, the punishment 7 years And the fine will be up to ₹5 lakh.
Mass Conversion: 7 years jail and ₹5 lakh fine for simultaneous conversion of 2 or more people.
Repeat Offense: If a person or organization commits a crime again, then the punishment 10 years And the fine can go up to ₹7 lakh.
3. Detailed definition of ‘inducement’ and ‘force’
The term ‘allurement’ has been made very broad in the Bill:
This included cash, gifts, free education (in religious institutions), promises of a better lifestyle, and ‘Divine Healing’ Claims are included.
One new thing in Maharashtra’s bill is that declaring one religion superior to another Or presenting the rituals of any religion in a harmful manner will also be considered as inducement or pressure.
4. Mandatory Notice and Procedure
60 days prior notice: To the person wishing to convert and the organization organizing the ceremony 60 days ago Notice will have to be given to the District Magistrate (DM).
Public Objection: The administration will put this notice on the public board and invite objections within 30 days.
Verification: A declaration will have to be submitted to the district authorities within 21 days of conversion.
5. Marriage and legal status
If a marriage has been solemnized only for the purpose of conversion, the competent court Null and Void Can declare.
The burden of proof to prove that the conversion was not illegal will be on the person who has converted.
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