THE HARYANA PREVENTION OF UNLAWFUL CONVERSION OF RELIGION ACT, 2022

HARYANA ACT NO. 16 OF 2022

12th April, 2022

An Act to provide for prevention of unlawful conversion from one religion to another by misrepresentation, use of force, threat, undue influence, coercion, allurement or by any fraudulent means or by marriage or for marriage and for matters connected therewith and incidental thereto. Be it enacted by the Legislature of the State of Haryana in the Seventy-third Year of the Republic of India as follows:-

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S.1 Short title and commencement

(1) This Act may be called the Haryana Prevention of Unlawful Conversion of Religion Act, 2022.

(2) It shall come into force on such date, as the Government may, by notification in the Official Gazette, appoint.

S.2 Definitions

(1) In this Act, unless the context otherwise requires,-

• (a) "allurement" means and includes an act of offering any temptation in the form of any gift or gratification or material benefits either in cash or kind or employment, education in school run by any religious body, better life style, divine pleasure or promise thereof;
• (b) "coercion" means committing or threatening to commit any act punishable under the Indian Penal Code, 1860 (Central Act 45 of 1860) or any other law for the time being in force or unlawful detaining, threatening to detain, any property to the prejudice of any person, whatever, with the intention of causing any person to convert to another religion;
• (c) "conversion" means renouncing one religion and adopting another religion but does not include return of any person to the religion professed or being professed by, any one or both, the parents or grandparents of a person;
• (d) "digital mode" means and includes,-
  

S.3 Conversion of religion

No person shall-

• (a) convert or attempt to convert, either directly or otherwise, any other person from one religion to another-
  • (i) by misrepresentation, use of force, threat, undue influence, coercion, allurement or by fraudulent means including use of digital mode; or
  • (ii) by marriage or for marriage:

    Provided that nothing contained in clause (ii) shall apply to willful conversion duly certified by the District Magistrate as per the provisions of section 9 of this Act;

• (b) abet or conspire such conversion through any means including digital mode;
• (c) conceal his religion with intention to marry.

S.4 Cognizance of offence

No Court shall take cognizance of an offence punishable under this Act except upon a police report or upon a complaint made by the person aggrieved by the offence or by his parents or siblings or by an officer authorized by the Government or with the leave of the Court by any other person who is related by blood, marriage, adoption, guardianship or custodianship, as the case may be.

S.5 Marriage by concealment

Any marriage solemnized in contravention of clause (c) of section 3 shall be null and void.

S.6 Jurisdiction of Court

Every petition for declaring a marriage null and void under section 5 shall be presented by any party aggrieved by the marriage before the Family Court or where a Family Court is not established, the Court having jurisdiction within the local limits wherein,-

• (a) the marriage was solemnized; or
• (b) the respondent, at the time of the presentation of the petition, resides; or
• (c) either parties to the marriage last resided together.

S.7 Right to inheritance

Any child born in the marriage solemnized in contravention of section 3 shall be deemed to be legitimate and the succession of property to such child shall be governed according to the law governing inheritance of,-

• (i) in case of property of father/father's ancestors, the father; and
• (ii) in case of property of mother/mother's ancestors, the mother.

S.8 Right to maintenance

The court in the proceeding under section 6 of this Act may grant maintenance and expenses of the proceedings on an application filed by any party and to a minor child born in the marriage so declared null and void, in such manner, as may be prescribed.

S.9 Declaration before conversion of religion

(1) Any person who intends to convert shall submit a declaration to that effect, prior to such conversion, to the District Magistrate stating his intention to convert out of his own free will and without any force, coercion, undue influence or allurement in such form, as may be prescribed.

(2) Any religious priest and/or any person who intends to organize conversion shall give prior notice to the District Magistrate of the district where such conversion is proposed to be organized in such form, as may be prescribed.

(3) The District Magistrate on receiving the information under sub-section (1) or (2), shall give acknowledgement of such prior notice or declaration and affix the copy of such notice or declaration at the conspicuous place or on the notice board of his office, in such manner, as may be prescribed.

(4) Any person may, before the expiry of thirty days from the date of notice affixed on the notice board under sub-section (3), file written objections t

S.10 Appeal

Any person aggrieved by the order passed by the District Magistrate under section 9 may file an appeal within a period of thirty days from the receipt of certified copy of the order or issuance of certificate, as the case may be, before the concerned Divisional Commissioner, in such manner, as may be prescribed:

Provided that the Divisional Commissioner may further extend the period for thirty days for filing an appeal on showing reasonable cause for the delay by the aggrieved person.

S.11 Conversion to be null and void

Any conversion in contravention of the provisions of this Act shall be null and void.

S.12 Punishment for contravention of provisions of Act

(1) Whoever contravenes the provisions of clause (a) or (b) of section 3 or both, shall be punished with imprisonment for a term which shall not be less than one year which may extend to five years and shall also be liable to fine which shall not be less than one lac rupees.

(2) Whoever intends to marry a person of any religion other than the religion professed by him in contravention of the provisions of section 3 (c) by concealing his religion in such a manner that the other person whom he intends to marry believes that his religion is truly the one professed by him, shall be punished with imprisonment for a term, which shall not be less than three years which may extend to ten years and shall also be liable to fine which shall not be less than three lac rupees.

(3) Whoever contravenes the provisions of section 3 in respect of a minor, a woman or a person belonging to the Scheduled Castes or Scheduled Tribes, shall be punished with imprisonment for a term which shal

S.13 Punishment for violation of provisions of Act by an institution or organization

(1) Where any institution or organization violates any provisions of this Act, the person in-charge of the affairs of such institution or organization, as the case may be, indulged in such violation shall be liable for punishment as provided under section 12, as the case may be.

(2) Where any institution or organization is found guilty under sub-section (1), the registration of such institution or organization, as the case may be, shall be cancelled by the competent authority in such manner, as may be prescribed.

Explanation.- "competent authority" for the purposes of this section shall be the authority who registered such institution or organization.

S.14 Order to pay compensation

The Court may order to pay compensation as per the provisions of section 357 of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974).

S.15 Burden of proof

The burden of proof shall lie on the accused in case of violation of any of the provision of this Act.

S.16 Offence to be cognizable, non-bailable and triable by Court of Session

(1) Every offence committed under this Act shall be cognizable, non-bailable and triable by the Court of Session.

(2) While trying an offence under this Act, the Court of Session may also try an offence arising out of same incident, other than the offence under this Act, with which the accused may be charged under any other law for the said incident.

S.17 Investigation

No police officer other than the special officer shall investigate any offence under this Act.

S.18 Power to remove difficulty

(1) If