[Metalhead]

Some parts of an anti-conversion law in the northern Indian state of Hhimachal Pradesh have been declared unconstitutional. The state’s High Court declared that, "a person not only has the right to freedom of conscience, the right to profess one's faith, the right to change faith, but also has the right to keep secret one's beliefs."

Responding to the petition of Evangelical Fellowship of India and others to a limited extent that had challenged the Religion Act, the division bench of Justice Deepak Gupta and Justice Rajiv Sharma in August 2012 held that “all other provisions of the Act and Rules are — legal and valid” except Section 4 of the Act and Rule 3 and 5 of states Freedom of Religion Rules 2007 to be in violation of constitutional provisions.

Section 4 of the Act lays down that a person intending to convert from one religion to another needs to give 30 days’ notice prior to conversion to the district magistrate (DM), who has to get the matter enquired into, while no notice is required should he want to revert back to his original religion.

If a person fails to give notice about the intended religious conversion, it would be treated as an offence punishable with a maximum fine of Rs 1000/-.

Under Rule 3 the DM after getting the matter about conversion notice should enquire into, but before passing an order needed to provide adequate opportunity to the person giving notice and any other person who is likely to be prejudicially affected.

Under Rule 5, if the DM is of the view that the conversion has taken place without requisite notice, a police case had to be registered in the matter.