Prohibition of Forcible Conversion of Religion Act, 2002
Be it enacted by the Legislative Assembly of the State of Tamil Nadu in the Fifty-third Year of the Republic of India as follows:
Section 1. Short title and commencement
(1) This Act may be called the Tamil Nadu Prohibition of Forcible Conversion of Religion Act, 2002.
(2) It shall be deemed to have come into force on the 5th day of October, 2002.
Section 2. Definitions
In this Act, unless the context otherwise requires,
(a) allurement means offer of any temptation in the form of
(i) any gift or gratification either in cash or kind;
(ii) grant of any material benefit, either monetary or otherwise;
(b) convert means to make one person to renounce one religion and adopt another religion;
(c) force includes a show of force or a threat of injury of any kind including threat of divine displeasure or social ex-communication;
(d) fraudulent means includes misrepresentation or any other fraudulent contrivance;
(e) minor means a person under eighteen years of age.
Section 3. Prohibition of forcible conversion
No person shall convert or attempt to convert, either directly or otherwise, any person from one religion to another by use of force or by allurement or by any fraudulent means nor shall any person abet any such conversion.
Section 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 may extend to three years and also be liable to fine which may extend to fifty thousand rupees:
Provided that whoever contravenes the provisions of section 3 in respect of a minor, a woman or a person belonging to Scheduled Caste or Scheduled Tribe shall be punished with imprisonment for a term which may extend to four years and also be liable to fine which may extend to one lakh rupees.
Section 5. Intimation to be given to District Magistrate with respect to conversion
(1) Whoever converts any person from one religion to another either by performing any ceremony by himself for such conversion as a religious priest or by taking part directly or indirectly in such ceremony shall, within such period as may be prescribed, send an intimation to the District Magistrate of the district in which the ceremony has taken place the fact of such conversion in such form as may be prescribed.
(2) Whoever fails, without sufficient cause, to comply with the provisions of sub-section (1), shall be punished with imprisonment for a term, which may extend to one year or with fine which may extend to one thousand rupees or with both.
Section 6. Prosecution to be made with the sanction of District Magistrate
No prosecution for an offence under this Act shall be instituted except by or with the previous sanction of the District Magistrate or such other authority, not below the rank of a District Revenue Officer, as may be authorised by him in that behalf.
Section 7. Power to make rules
(1) The State Government may make rules for the purpose of carrying out the provisions of this Act.
(2) Every rule made under this Act shall as soon as possible after it is made be placed on the table of the Legislative Assembly, and if before the expiry of the session in which it is so placed or the next session, the Assembly makes any modification in any such rule or the Assembly decides that the rule should no 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.
Section 8. Repeal and Saving
(1) The Tamil Nadu Prohibition of Forcible Conversion of Religion Ordinance, 2002 (Tamil Nadu Ordinal 2002) is hereby repealed.
(2) Notwithstanding such repeal anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under this Act.
1. Received the assent of the Governor on the 2nd December, 2002 and published in the Tamil Nadu Government Gazette, Extraordinary, No. 791, dated December 2, 2002.