Guj HC stays sections of anti-conversion law
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-ehind 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 a person to get married, shall any person abet such version”.
As per Section 4, pe found guilty of violating the visions of Section 3 will fac to three years of imprisonm and a fine of Rs 50,000. If victim is a minor, a woma from SC or ST community, the jail term will be four y with a fine of Rs one lakh.
Section 4A specifically d with “marriage by unla conversion” part of Section says “conversion by marriag by getting a person marrie by aiding a person to get ried is concerned, shall be ished with imprisonment less than three years, but extend up to five years al with a fine of Rs 2 lakh”.
As per Section 4B, any riage which was done for purpose of unlawful conver “shall be declared void by fa court”. Under Section 4C, i tutions or organisations wi tried under this law if they found involved in unlawful versions, as defined under tion 3 of the law.
Section 5 of the law m dates that religious priests take prior permission from district magistrate for conv ing any person from one gion to another. Moreover one who got converted needs to “send an intimatio the DM in a prescribed for
As per Section 6, prior s tion of the DM or a subsional magistrate is necessa start prosecution against accused. However, as per tion 6A, the burden of pro on the accused “who has ca the conversion”.
This interim order is to protect the parties which solemnised interfaith marriages from unnecessary harassment