>Rsjaffe at 23:50, 23 June 2021

2021-06-23T23:50:01Z

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{{short description|Law restricting religious conversions}}
{{Multiple issues|
{{Cleanup rewrite|date=November 2020}}
{{More citations needed|date=November 2020}}
}}
{{Use dmy dates|date=November 2018}}
{{Use Indian English|date=November 2018}}
{{Infobox legislation
| short_title = Gujarat Freedom of Religion Act, 2003
| legislature = Gujarat Legislature
| long_title = An act to provide for freedom of religion by prohibition of conversion from one religion to another by the use of force or allurement or by fraudulent means and for the matters incidental thereto.
| image = Seal of Gujarat.svg
| citation = [https://home.gujarat.gov.in/Upload/Gujarat%20Freedom%20of%20Religion%20Act2003_new_home_1_1_221015.pdf Gujarat Act No. 22 of 2003.]
| territorial_extent = Gujarat
| enacted_by = [[Government of Gujarat]]
| date_enacted = 2003
| date_assented = 7 April 2003
| date_signed = [[Governor of Gujarat]]
| date_commenced = 8 April 2003
| bill =
| bill_citation =
| bill_date =
| introduced_by =
| 1st_reading =
| 2nd_reading =
| 3rd_reading =
| related_legislation = Orissa Freedom of Religion Act, 1967 Arunachal Pradesh Freedom of Religion Act, 1978 Himachal Pradesh Freedom of Religion Act 2006 Uttarakhand Freedom of Religion Act, 2018 Madhya Pradesh Freedom of Religion Bill, 2020 [[Prohibition of Unlawful Religious Conversion Ordinance, 2020]]
| summary =
| keywords = Unlawful Conversion, Unlawful inter-faith marriages, Allurement, Convincing for Conversion, Force, Fraudulent, Coercion, Undue Influence,
Minor, Religion, Mass Conversion, Religion Convertor
| status = In force
}}

The '''Gujarat Freedom of Religion Act''' (2003) requires [[religious conversion]]s in [[Gujarat]], India, to be approved by a [[district magistrate]].<ref>{{cite web |last1=Shimron |first1=Yonat |title=A Dalit community looks to escape the caste system by converting to Buddhism |url=https://religionnews.com/2017/05/11/a-dalit-community-looks-to-escape-the-caste-system-by-converting-to-buddhism/ |website=[[Religion News Service]] |accessdate=17 November 2020 |date=11 May 2017}}</ref>

==Key points==
The act in itself is alleged to go against the article 25 of the constitution of India (i.e. Right to freedom of religion) in addition to the constitutional right to freedom of speech and expression and to gather peacefully. The parts of it described are as below:

"(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 takes part directly or indirectly in such ceremony shall take prior permission
for such proposed conversion from the District Magistrate concerned by
applying in such form as may be prescribed by rules.
(2) The person who is converted shall send an intimation to the District
Magistrate of the District concerned in which the ceremony has taken place of
the fact of such conversion within such period and in such form as may be
prescribed by rules.
(3) Whoever fails, without sufficient cause, to comply with the provisions
of sub-sections (1) and (2) shall be punished with imprisonment for a term,
which may extend to one year or with fine which may extend to rupees one
thousand or with both."

The above clauses prevent common people from gathering peacefully at any private function, and also attending the function requires a prior permission from the Magistrate.<ref>{{Cite news|agency=Press Trust of India|date=2015-01-21|title=Petition challenges Gujarat Freedom of Religion Act|work=Business Standard India|url=https://www.business-standard.com/article/pti-stories/petition-challenges-gujarat-freedom-of-religion-act-115012101464_1.html|access-date=2020-07-13}}</ref>

From 2011 to 2016, 94.4% of the applications for religious conversion in Gujarat were from [[Hinduism]] to another religion, and approximately half of the applications were declined by the state.<ref name="TOI conversions">{{cite web|title=In Gujarat, 94.4% of those seeking to convert are Hindu|url=https://timesofindia.indiatimes.com/city/ahmedabad/In-Gujarat-94-4-of-those-seeking-to-convert-are-Hindu/articleshow/51419977.cms|website=[[The Times of India]]|date=16 March 2016|accessdate=17 November 2020}}</ref>

==Supreme Court of India's opinion==
In 2005, the [[Supreme Court of India]] declined to issue a [[writ of mandamus]] to grant Jains the status of a religious minority throughout India, and left it to the individual states to decide on the minority status of the Jain religion.<ref>Appeal (civil) 4730 of 1999, Decided on 8 August 2005 Bal Patil & Anr. v. Union of India & Ors.[http://judis.nic.in/supremecourt/qrydisp.asp?tfnm=27098 Bal Patil & Anr. v. Union of India & Ors. Indian Supreme Court Case]</ref>

However, the Supreme Court had recently observed that "The Jain Religion is indisputably not a part of Hindu Religion".<ref>Judgment, Supreme Court of India, Per Dalveer Bhandari J., Civil Appeal No. 9595 of 2003, para 25, decided On: 21.08.2006
Committee of Management Kanya Junior High School Bal Vidya Mandir, Etah, U.P. v. Sachiv, U.P. Basic Shiksha Parishad, Allahabad, U.P. and Ors.[http://www.judis.nic.in/supremecourt/qrydisp.asp?tfnm=27962 Committee of Management Kanya Junior High Bal Vindya Mandir, Etah, U.P. v. Sachiv, U.P. Basic Shiksha Parishad, Allahabad, U.P. and Ors. Indian Supreme Court Case]</ref>

==Gujarat Freedom of Religion (Amendment) Bill 2006==
In order to regulate religious conversions, the Gujarat government is proposing an amendment<ref>{{cite web|url=http://www.outlookindia.com/pti_news.asp?id=416861|archive-url=https://web.archive.org/web/20080502140758/http://www.outlookindia.com/pti_news.asp?id=416861|url-status=dead|archive-date=2008-05-02|title=Wired|publisher=Outlookindia.com|accessdate=2012-02-20}}</ref> that will group [[Jainism]] and [[Buddhism]] along with [[Hinduism]], and thus the adoption of any faith within the group will not be considered a conversion. The bill was passed by voice vote in the Gujarat assembly on 29 September 2006.

All India [[Digambar Jain Mahasabha]] opposed the decision on 20 September 2006. Their leader stated, "Any government, as per their convenience and agenda cannot afford to curb our right of a religious identity".<ref>{{cite news| url=http://economictimes.indiatimes.com/articleshow/2011955.cms | work=The Times Of India | title=Minorities protest against Gujarat's conversion law | date=21 September 2006}}</ref>

Bhartiya Dharma Rakshak Sena (BDRS), a small organisation said to be run by Jains, maintains that all religions in India are a part of Hinduism, "which is not a religion but a culture." In a press release, on 22 September 2006, Jasmin Shah, Piyush Jain and Abhay Shah of BDRS stated that the controversy is being promoted by forces who want to weaken Hinduism by creating minorities. They state that "Jainism is independent of Vedic religion, known as 'Hinduism'".<ref>[http://in.news.yahoo.com/060922/48/67tny.html ]{{dead link|date=February 2012}}</ref> The BDRS members claimed that there four sub-sects in Jainism, out of which one, the [[Digambara]] sect, is demanding a minority status.

On 3 October 2006 the predominant Jain sect in Gujarat, the Shwetambar Murtipujak Jain Sangh, held a meeting with state's solicitor-general to assert that Jainism is a distinct religion and not a Hindu denomination. Shrenik Shah, Gujarat's leading industrialist and president of the All India Shwetambar Murtipujak Jain Sangh, said that they had held a meeting with Gujarat's solicitor-general and expressed their view to recognise Jainism as a distinct religion. "We are not primarily concerned with the conversion aspect of the bill. But we have asserted our view that Jainism is a distinct religion," said Shah<ref>{{Cite web |url=http://cities.expressindia.com/fullstory.php?newsid=203711# |title=Religion Bill stirs up an unholy mess |access-date=3 October 2006 |archive-url=https://web.archive.org/web/20080502163701/http://cities.expressindia.com/fullstory.php?newsid=203711# |archive-date=2 May 2008 |url-status=dead |df=dmy-all }}</ref>

The bill was withdrawn in March 2008.<ref>{{cite web |title=Gujarat withdraws Freedom of Religion Amendment Bill - Indian Express |url=http://archive.indianexpress.com/news/gujarat-withdraws-freedom-of-religion-amendment-bill/282818/ |website=[[The Indian Express]] |accessdate=17 November 2020 |date=11 March 2008}}</ref>

== Gujarat Freedom of Religion (Amendment) Bill, 2021==
The [[Gujarat Legislative Assembly]] amended the Freedom of Religion Act to penalizes forcible or fraudulent religious conversion by marriage.

The law made provisions for 3–10 years in jail and a fine of up to {{INR|5 lacks}} if the accused is found guilty. The amendments a 2003 was sought to curb the emerging trend in which women were being lured to marriage for the purpose of religious conversion.<ref>{{Cite web|last=Ghanghar|first=Gopi Maniar|title=Love Jihad: After MP and UP, Gujarat to bring anti-conversion law with 5-year-jail term|url=https://www.indiatoday.in/india/story/gujarat-govt-to-bring-love-jihad-law-religious-freedom-bill-1785361-2021-03-31|url-status=live|access-date=14 June 2021|website=India Today|language=en}}</ref>

The bill was passed by the assembly on 14 June 2021<ref>{{Cite news|last=Langa|first=Mahesh|title=Gujarat Assembly passes ‘love jihad’ law|language=en-IN|work=The Hindu|url=https://www.thehindu.com/news/national/other-states/gujarat-assembly-passes-love-jihad-law/article34217780.ece|access-date=2021-06-14|issn=0971-751X}}</ref>

==References==
{{Reflist}}

{{DEFAULTSORT:Gujarat Freedom Of Religion Bill}}
[[Category:Jainism and other religions]]
[[Category:Religious conversion in India]]
[[Category:Gujarat state legislation]]

Gujarat Freedom of Religion Act - Revision history

>Rsjaffe at 23:50, 23 June 2021