HC stays parts of Guj’s law against conversion
Some sections linked to interfaith marriages kept on hold
THE STAY on these sections effectively means that an FIR under the law cannot be lodged merely on the basis of his or her interfaith marriage.
Ahmedabad, Aug. 19: The Gujarat High Court on Thursday stayed the operation of some sections related to interfaith marriages of the state’s new anti-conversion law, in a setback to the state government.
A division bench comprising Chief Justice Vikram Nath and Justice Biren Vaishnav said the interim order has been passed to protect people from unnecessary harassment.
While the state BJP government has so far not made any public statement on the high court's order, legal experts and social activists welcomed the interim stay saying the “entire law is against the spirit of the Constitution” and liberty of citizens to choose their religion.
The Gujarat Freedom of Religion (Amendment) Act, 2021, which penalises forcible or fraudulent religious conversion through marriage, was notified by the state government on June 15. Similar laws have also been enacted by BJP governments in Madhya Pradesh and Uttar Pradesh.
Last month, the Gujarat chapter of the Jamiat Ulema-e-Hind filed a petition, claiming that some of the amended sections of the state’s new law were unconstitutional.
On Thursday, Chief Justice Nath said, “We are of the opinion that pending further hearing, rigors of section 3,4, 4a to 4c, 5, 6, and 6a shall not operate merely because the marriage is solemnised by a person of one religion with another religion without force, allurement or fraudulent means and such marriages cannot be termed as marriage for the purpose of unlawful conversion.”
“This interim order is to protect the parties which solemnised interfaith marriages from unnecessary harassment,” he said.
The stay on these sections effectively means that an FIR under this law cannot be lodged merely on the basis of his or her interfaith marriage.
When state Advocate
General Kamal Trivedi sought a clarification, saying what if a marriage results in forceful conversion, Chief Justice Nath said, “There has to be a basic element of force or allurement or fraud. Without that you will not (proceed), that’s all we have said in the order.”
Section 3 of the state’s new law defines what is “forcible conversion”.
It says “no person shall convert or attempt to convert any person from one religion to another by use of force, or by allurement or by any fraudulent means or by marriage or by getting a person married or by aiding a person to get married, nor shall any person abet such conversion”.
As per Section 4, people found guilty of violating the provisions of Section 3 will face up to three years of imprisonment and a fine of `50,000. If the victim is a minor, a woman or from SC or ST community, then the jail term will be four years with a fine of Rs one lakh.
Section 4A specifically deals with “marriage by unlawful conversion” part of Section 3. It says “conversion by marriage or by getting a person married or by aiding a person to get married is concerned, shall be punished with imprisonment not less than three years, but may extend up to five years along with a fine of `2 lakh”.
As per Section 4B, any marriage which was done for the purpose of unlawful conversion “shall be declared void by family court”. Under Section 4C, institutions or organisations will be tried under this law if they are found involved in unlawful conversions, as defined under Section 3 of the law.
Section 5 of the law mandates that religious priests must take prior permission from the district magistrate for converting any person from one religion to another. Moreover, the one who got converted also needs to “send an intimation” to the DM in a prescribed form.
As per Section 6, prior sanction of the DM or a sub-divisional magistrate is necessary to start prosecution against the accused. However, as per Section 6A, the burden of proof is on the accused “who has caused the conversion”.