The Himachal Pradesh Freedom of Religion Act, 2019

 

 

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.   
                                                                                                            __________________ 

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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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 date1 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 cash 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, coercion, 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 conversion 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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 (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, coercion, 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 any 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 Magistrate 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 of 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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law for the time being in force may be cancelled after giving a reasonable  

opportunity of being heard.   

 10. Prohibition on accepting donation 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, force, 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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 (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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