Similar
A typical component of each of the three laws is the affirmation of such marriages as "invalid and void" and the punishing of changes managed without the earlier endorsement of the state.
Differences
They differ in the quantum of discipline recommended, and in crediting the weight of evidence that a change is legal.
The Madhya Pradesh government is set to follow two other BJP-managed states — Uttar Pradesh and Himachal Pradesh — in passing an enemy of change law that outlaws the strict transformation exclusively with the end goal of marriage. The MP Cabinet has endorsed the Freedom to Religion Bill, 2020 as an Ordinance.
While a typical element of every one of the three laws is the assertion of such marriages as "invalid and void" and the punishing of transformations managed without the earlier endorsement of the state, they vary in the quantum of discipline recommended, and in crediting the weight of evidence that a change is legitimate. Additionally, the MP Law looks to ensure the rights of women of such marriages.
1. Prior notification
- The MP Law requires a 60-day earlier "assertion of the expectation to change over" to the District Magistrate for the transformation to be legitimate.
- Following this, a couple from various religions can be lawfully hitched.
- The Uttar Pradesh law, Prohibition of Unlawful Conversion of Religious Ordinance, 2020, also requires a 60-day notice.
- It likewise requires the Magistrate to lead a police request to find out the genuine goal behind the change.
- The Himachal Pradesh Freedom of Religion Act, 2019 requires a 30-day prior “declaration of intention to convert.”
2. Investigation
- The MP Law states that there cannot be an investigation by a police officer except on the written complaint of the person converted or the person’s parents/siblings.
- ·Guardians of the individual changed over can record a grievance just with the consent of a court.
- The MP law likewise says that no cop beneath the position of a sub-overseer can explore an offense under the law.
- The UP law permits similar individuals as permitted by the MP law to document a protest.
- Under the Himachal law, arraignment can't be started without the earlier authorization of an official not beneath the position of a sub-divisional officer.
3. Burden of proof
- The MP law puts on the individual changed over the burden of proving that the transformation was managed with no intimidation or illicitness.
- The Himachal law has a similar provision.
- The UP law goes further, setting this weight of evidence on individuals who "caused" or "encouraged" the change and not on the person.
- Indeed, even in the police request, if the Magistrate isn't fulfilled, criminal activity can be started against people who "caused" the conversion.
- This incorporates the individuals who submitted the offense; overlooked to act and forestall the offense; and supported, abetted, guided or obtained individuals for submitting the offense.
4. Maintenance & inheritance
- Unmistakably, except if given earlier notification to the state government, the marriage is announced "invalid and void" if either the spouse or the wife has changed over, even consensual.
- Yet, MP's new law looks to ensure the privilege of ladies and her youngster from such "invalid and void" marriage. Under Section 9, the women whose marriage has been proclaimed invalid and void under this enactment, and her kids, will reserve an option to support.
- The law doesn't, nonetheless, give a plan of action to guaranteeing the marriage can be ensured.
- Neither the UP nor the Himachal law has such arrangements for ensuring ladies and kids.
5. Quantum of punishment
- The offense of an illicit transformation under the laws of every one of the three states is cognizable and non-bailable.
- This implies that a capture can be made without a warrant, and bail is conceded exclusively by the carefulness of the appointed authority.
- Under the MP law, an individual can be condemned to a prison term somewhere in the range of one and 5 years for changing over or endeavoring to change over unlawfully.
- On the off chance that the individual changed over is a lady, a minor or an individual having a place with a SC/ST, the sentence is 2 to 10 years.
- It likewise accommodates a prison term of 3 to 10 years for disguising one's religion during the marriage.
- The UP law accommodates a base discipline of one year, which can be reached out as long as 5 years and rehash offenses can convey twofold the greatest sentence.
- Men are granted a higher discipline whenever indicted for causing change of a lady, a minor or an individual having a place with a SC/ST — in which case the sentence is somewhere in the range of 2 and 10 years.
- In the Himachal law, an individual can be condemned to a prison term of one to 5 years for changing over or endeavoring to change over unlawfully.
- In the event that the individual changed over is a lady, a minor or an individual having a place with a SC/ST, the sentence is 2 to 7 years.