PUCL CONDEMNS THE PASSING OF THE FREEDOM OF RELIGION ORDINANCE IN KARNATAKA
Ever since the coming to power of the Basavaraj Bommai government, .. Hindutva
groups outrightly threatening to demolish churches, engaging in acts of vigilantism in the
name of ‘moral policing’, calls to regulate azan and boycott Muslim businesses and the
prohibition of the wearing of the hijab. The Karnataka Government has failed to step in and
take action against these Hindutva groups... The cabinet decision to take the
ordinance route, in the midst of such circumstances only shows the implicit support of the
government to the vigilante elements who blatantly violate the Constitution..
PUCL had specifically documented sixty two hate crimes perpetrated against the Christians in Karnataka by Hindutva groups. The report exposed the modus operandi of the Hindutva groups using the bogey of conversion to attack
minorities. For Full Text
18th May 20200
On the 17th May, 2022, the Governor of Karnataka in an extraordinary move, promulgated
The Karnataka Protection of Right to Freedom of Religion Ordinance, 2022. There were no
urgent circumstances necessitating the promulgation of the ordinance. The promulgation of
this ordinace is a ‘fraud on the Constitution’ and makes a mockery of the theory of separation
of powers which mandates that it is the legislature and not the executive who is the law
making authority.
The ordinance makes grave inroads into the constitutional freedoms guaranteed to all Indians
and will tarnish the secular fabric and rich cultural traditions of communal harmony that exist
between faiths. Ever since the coming to power of the Basavaraj Bommai government, the
minorities in the state have been reeling under a regime of fear and insecurity with Hindutva
groups outrightly threatening to demolish churches, engaging in acts of vigilantism in the
name of ‘moral policing’, calls to regulate azan and boycott Muslim businesses and the
prohibition of the wearing of the hijab. The Karnataka Government has failed to step in and
take action against these Hindutva groups who are outrightly threatening the constitutional
ideals of non discrimination, equality, fraternity and dignity. The cabinet decision to take the
ordinance route, in the midst of such circumstances only shows the implicit support of the
government to the vigilante elements who blatantly violate the Constitution. The Governor
who is the constitutional head of the State has given the go by to the very constitution he has
sworn to protect and defend by allowing this prima facie unconstitutional ordinance to
become law.
PUCL is deeply distressed, that the Governor has failed to take note of the attacks on
minorities before deciding to promulgate the ordinance. In its recent report titled
“Criminalising the Practice of Faith”, PUCL had specifically documented sixty two hate
crimes perpetrated against the Christians in Karnataka by Hindutva groups. The report
exposed the modus operandi of the Hindutva groups using the bogey of conversion to attack
minorities. The Governor and the Government have today legitimized the excesses of the
vigilantes by promulgating an ordinance which will provide legal cover for the lawless,
coercive and threatening actions of the Hindutva groups.
The passing of the ordinance means that Karnataka now enters a dangerous new phrase as far
as attacks on minorities are concerned, because today these attacks are legitimized by law.
The criminalization of conversion by allurement, conversion by the promise of marriage as
well as the regulations around conversion are the unconstitutional heart of an unconstitutional
law.
Allurement is defined very broadly to include the offer of ‘gifts or gratification in cash or
kind’ as well as ‘employment or free education.’ Philanthropic activities be it the running of
schools or vocational centres can easily be tarred as criminal activities being done for the
purpose of conversion. This potentially criminalises all charitable activity carried out by
Christian institutions with deep repercussions for the Preambular promise of fraternity.
The ordinance also targets love marriages, especially if they are across lines of religion by
criminalising conversion with the ‘promise of marriage’. The criminalisation of conversion
with the ‘promise of marriage’, violates a core aspect of the constitution, namely the right to
marry the person of one’s choice and have the faith of one’s choice.
The ordinance finally drops the pretence that it is only concerned with illegal conversions, by
going on to restrict the right to consensually convert and be converted with bureaucratic and
police regulations. Under Section 8, the one who desires to convert as well as the one
performing the conversion must submit a form to the District Magistrate thirty days in
advance.
The requirement of notice for conversion and the public display of details of the one choosing
to covert in the office of the District Magistrate is itself a violation of the constitutionally
recognized right to privacy which was laid down by nine judges of the Supreme Court in
Puttaswamy v Union of India.
This criminalisation of charity, love across lines of religion as well as the freedom of faith in
the form of this ordinance is a blatant violation of the constitutional safeguards and must be
resisted by all those who believe in the Constitution. Today, we who believe in the
Constitution have no option but to stiffen our resolve and re-dedicate ourselves to the fight
for the fundamental rights and freedoms which ‘We the people of India’, gave to ourselves on
January 26, 1950.
Adv. Arvind Narrain Adv. Robin Christopher Mr. Shujayathulla
President General Secretary President
PUCL – Karnataka PUCL – Karnatak