New Delhi, India - The Attorney General of India has given an adverse opinion on the amendment to the anti-conversion law passed by the Madhya Pradesh Assembly nearly a year ago. Governor Balram Jakhar had sought the AGI's opinion on the controversial amendment to the Freedom of Religion Act passed without any discussion.
According to the AGI, the Act violates the Fundamental Rights enjoyed by citizens. The Act was first passed in 1968 by the then Congress Government and amended last year by the ruling BJP Government. The Opposition was not present in the House when the amendment was passed.
The amendment makes it compulsory for potential converts to take prior permission of the administration. It provides for stringent punishment and fine for failure to notify the authorities. Priests or organisers of conversion ceremonies have to inform the district magistrate a month in advance the name and address of the potential converts, besides the venue and details of the ceremony.
The district magistrate will then write to the superintendent of police, who in turn will ask the respective police station to inquire into the case and give his report. The magistrate will give his consent only if he is satisfied about the circumstances and after establishing that people were not lured into or forced to convert.
The Governor was not happy with the way the legislation was amended and said there should have been discussions on the crucial amendment. He did not sign the amendment and sought the AGI's opinion last year. When the Governor did not receive the AGI's opinion, he sent a few reminders.
On his part, Jakhar had sought details of conversions that took place in the state in the past five years. He wanted to find out whether the amendment was warranted by a spate of conversions in the recent times. He also wanted to know the religions involved, age group of the converts and how many of them were tribals.
The Government gave the details of only 20 out of 48 districts. Jakhar sought the AGI's opinion because the figures provided by the Government did not justify the amendment.
Several backward districts did not report any conversions, contrary to the Government's stand that conversions were rampant in such areas because the poor were getting allurements.
The Governor received the AGI's opinion a fortnight ago and is studying it. The Congress, Left parties and several minority organisations have already petitioned him to send the Bill back.
Sources in the Home department confirmed that the Government was prepared for the eventuality of the Governor sending the Bill back for reconsideration. The Legal department has already dug up old court cases related to the legislation.
A senior officer told The Indian Express on Tuesday that the Government was confident of taking on the legal challenges because the Madhya Pradesh High Court had in 1997 held the constitutional validity of the Act.