LexThe Himachal Pradesh Freedom of Religion Act, 2019
Himachal Pradesh · state statute
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THE HIMACHAL PRADESH FREEDOM OF RELIGION ACT, 2019
ARRANGEMENT OF SECTIONS
Sections:
1. Short title and commencement.
2. Definitions.
3. Prohibition of conversion from one religion to another by
misrepresentation, force, fraud, undue influence,
coercion, inducement or marriage.
4. Punishment for contravention of provisions of section 3.
5. Marriages done for sole purpose of conversion to be
declared null and void.
6. Court to which petition shall be presented.
7. Declaration before conversion of religion and pre-
report about purification Sanskar.
8. Prosecution to be launched with the prior sanction.
9. Punishment for violation of provisions of the Act by
an institution or organization.
10. Prohibition on accepting donation or contribution.
11. Parties to offence.
12. Burden of proof.
13. Offences to be cognizable and non-bailable.
14. Power to remove difficulties.
15. Power to make rules.
16. Repeal and savings.
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THE HIMACHAL PRADESH FREEDOM OF RELIGION ACT, 2019
(Act No. 13 of 2019)1
(Received the assent of the Governor on the 29th October 2019 and was
published in Rajpatra, Himachal Pradesh, dated 6th November 2019 ,
pp.7635-7644)
An Act to re -enact the law to provide freedom of religion by
prohibition of conversion from one religion to another by
misrepresentation, force, undue influence, coercion, inducement or by any
1. For Statement of Objects and Reasons, see the Rajpatra, Himachal Pradesh , dated 31st August,
2019 pp. 5399, 5400 and 5405.
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THE HIMACHAL PRADESH FREEDOM OF RELIGION ACT, 2019
fraudulent means or by marriage and for matters connected therewith and
incidental thereto.
BE it enacted by the Legislative Assembly of Himachal Pradesh in
the Seventieth Year of the Republic of India as follows:—
1. Short title and commencement. —(1) This Act may be called the
Himachal Pradesh Freedom of Religion Act, 2019.
(2) It shall come into force on such date 1 as the State Government may, by
notification in the Rajpatra (e-Gazette), Himachal Pradesh, appoint.
2. Definitions.—In this Act, unless the context otherwise requires,—
(a) “coercion” means compelling an individual to act against his
will by use of psychological pressure or physical force
causing bodily injury or threat thereof;
(b) “conversion” means renouncing one religion and adopting
another;
(c) “fraudulent” means to do a thing with intent to defraud;
(d) “force” includes a show of force or a threat of injury of any
kind to the person converted or sought to be converted or
to any other person or property including a threat of divine
displeasure or social ex-communication;
(e) “Government or State Government” means the Government
of Himachal Pradesh;
(f) “inducement” means and includes offer of any temptation in
the form of any gift or gratification or material benefit,
either in c ash or kind or employment, free education in
reputed school run by any religious body, easy money,
better lifestyle, divine pleasure or otherwise;
(g) “minor” means a person under eighteen years of age;
(h) “prescribed” means prescribed by rules made under this
Act;
(i) “religion” means any organized system of faith, belief,
worship or lifestyle, as prevailing in India or any part of it,
and defined under any law or custom for the time being in
force;
1. Act came into force from 18th December, 2020 vide Notification No. Home C(A) 1-5/2012.
dated, 18th December, 2020 published in the Rajpatra, Himachal Pradesh, dated 18th December,
2020 p 6008.
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THE HIMACHAL PRADESH FREEDOM OF RELIGION ACT, 2019
(j) “religious priest” means priest of any religion who performs
purification Sanskar or conversion ceremony of any
religion and by whatever name he is called such as pujari,
pandit, mulla, maulvi, father etc.; and
(k) “undue influence” means the unconscientious use by one
person of his power or influence over another in order to
persuade the other to act in accordance with the will of the
person exercising such influence.
3. Prohibition of conversion from one religion to another by mis -
representation, force, fraud, undue influence, coercion, inducement or
marriage.—No person shall convert or attempt to convert, either directly or
otherwise, any other person from one religion to another by use of
misrepresentation, force, undue influence, co ercion, inducement or by any
fraudulent means or by marriage; nor shall any person abet or conspire such
conversion:
Provided that, if any person re -converts to his parent religion, it
shall not be deemed to be a conversion under this Act.
4. Punishment for contravention of provisions of section 3. —Whoever
contravenes the provisions of section 3 shall, without prejudice to any civil
liability, be punished with imprisonment for a term, which shall not be less than
one year but which may extend to five years and shall also be liable to pay fine:
Provided that whoever contravenes the provisions of section 3 in respect of
a minor, a woman or a person belonging to the Scheduled Caste or Scheduled
Tribe shall be punished with imprisonment for a term which shall not be less
than two years but which may extend to seven years and shall also be liable to
pay fine :
5. Marriages done for sole purpose of conversion to be declared null
and void.—Any marriage which was done for the sole purpose of conver sion by
a person of one religion with a person of another religion either by converting
himself before or after marriage or by converting the other person before or after
marriage may be declared null and void by the Family Court on a petition
presented by either party thereto.
6. Court to which petition shall be presented. —Every petition under
section 5 shall be presented to the Family Court or where Family Court is not
established, the Court within the local limits of whose ordinary original civil
jurisdiction,—
(i) the marriage was solemnized; or
(ii) the respondent, at the time of the presentation of the petition, resides; or
(iii) the parties to the marriage last resided together; or
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THE HIMACHAL PRADESH FREEDOM OF RELIGION ACT, 2019
(iv) in case the wife is the petitioner, where she is residing on the date of
presentation of the petition.
7. Declaration before conversion of religion and pre -report about
purification Sanskar.—(1) One who desires to be converted to other religion,
shall give a declaration at least one month in advance, on the proforma as may be
prescribed, to the District Magistrate or the Executive Magistrate specially
authorized by the District Magistrate, of his intention, to convert his religion on
his own volition or free consent and without any force, c oercion, undue
influence, inducement or fraudulent means:
Provided that no notice shall be required if a person re -converts to his
parent religion.
(2) The religious priest, who performs purification Sanskar or conversion
ceremony for converting an y person of one religion to another religion, shall
give one month’s advance notice of such Sanskar or conversion ceremony, on
the proforma as may be prescribed, to the District Magistrate or any other officer
appointed for that purpose by the District M agistrate of the district where such
ceremony is proposed to be performed.
(3) The District Magistrate, after receiving the information under sub -
section (1) and (2), shall conduct an inquiry through police or such agency as he
deems fit, with regard to intention, purpose and cause of proposed conversion.
(4) Contravention of sub-section (1) or sub-section (2) shall have the effect
of rendering the said conversion, illegal and void.
(5) Whoever contravenes the provisions of sub-section (1) shall be
punished with imprisonment for a term which shall not be less than three months,
but may extend to one year and shall also be liable to pay fine.
(6) Whoever contravenes the provisions of sub -section (2) shall be
punished with imprisonment for a term which shall not be less than six months,
but may extend to two years and shall also be liable to pay fine.
8. Prosecution to be launched with the prior sanction. —No prosecution
for an offence under section 7 shall be instituted by any person except by or with
the previous sanction of the District Magistrate or such other authority not below
the rank of a Sub -Divisional Magistrate, as may be authorized by the District
Magistrate in this behalf.
9. Punishment for violation o f provisions of the Act by an institution
or organization.— If any institution or organization violates the provisions of
this Act, the person or persons in charge of the affairs of the organization or
institution, as the case may be, shall be subject to the punishment as provided
under section 4 and the registration of such organization or institution under any
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THE HIMACHAL PRADESH FREEDOM OF RELIGION ACT, 2019
law for the time being in force may be cancelled after giving a reasonable
opportunity of being heard.
10. Prohibition on accepting donatio n or contribution. —
Notwithstanding anything contained in any other law for the time being in force,
no person or organization violating the provisions of this Act shall be allowed to
accept any donation or contribution of any kind from within or outside the
country.
11. Parties to offence.—When an offence is committed under this Act, —
(i) every person who actually does the act which constitutes the offence;
(ii) every person who does or omits to do any act enabling or aiding another
person to commit the offence;
(iii) every person who aids or abets another person in commission of the
offence; and
(iv) every person who counsels or causes any other person to commit the
offence.
shall be deemed to have taken part in the commission of such offence and be
guilty thereof and shall be charged as if he had himself committed the offence.
12. Burden of proof. —The burden of proof as to whether a religious
conversion was not effected through misrepresentation, fo rce, undue influence,
coercion, inducement or by any fraudulent means or by marriage lies on the
person so converted and, where such conversion has been facilitated by any
person, on such other person.
13. Offences to be cognizable and non -bailable.—Notwithstanding
anything contained in the Code of Criminal Procedure, 1973 (2 of 1974) every
offence committed under this Act shall be cognizable and non-bailable.
14. Power to remove difficulties. —(1) If any difficulty arises in giving
effect to the provisions of this Act, the Government may, by order published in
the Rajpatra (e -Gazette), Himachal Pradesh, make provisions, not inconsistent
with the provisions of this Act, as appear to it to be necessary or expedient for
the purpose of removing such difficulty:
Provided that no such order shall be made after the expiry of a period of
two years from the date of commencement of this Act.
(2) Every order made under this section shall, as soon as may be after it is
made, be laid before the State Legislative Assembly.
15. Power to make rules. — (1) The State Government may, by
notification in the Rajpatra (e -Gazette), Himachal Pradesh, make rules for
carrying out the purposes of this Act.
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THE HIMACHAL PRADESH FREEDOM OF RELIGION ACT, 2019
(2) Every rule made under this Act, shall be laid, as soon as may be after it
is made, before the Legislative Assembly while it is in session for a total period
of not less than ten days which may be comprised in one session or in two or
more successive sessions, and if, before the expiry of the session in which it is so
laid or the session immediately following, the Assembly makes any modification
in the rule or decides that the rule should not be made, the rule shall, thereafter,
have effect only in such modified form or be of no effect, as the case may be, so,
however, that any such modification or annulment shall be without prejudice to
the validity of anything previously done under that rule.
16. Repeal and savings.—(1) The Himachal Pradesh Freedom of Religion
Act, 2006 is hereby repealed.
(2) Notwithstanding such repeal, any action taken or anything done under
the Act so repealed shall be deemed to have been done or taken under the
corresponding provisions of this Act.
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