Gujarat Freedom of Religion (Amendment) Act, 2021 will not apply to inter-faith marriages unless there is force, fraud, allurement: Gujarat HC

The Gujarat High Court on Thursday passed an interim order directing that provisions of the controversial Gujarat Freedom of Religion (Amendment) Act, 2021 will not operate merely because a marriage is inter-faith, unless there is something to show there is force, allurement or fraud involved. (Jamiat Ulama-E-Hind Gujarat vs. State of Gujarat).The interim order was passed by Chief Justice Vikram Nath and Justice Biren Vaishnav in a plea challenging the validity of the 2021 amendment to the Gujarat Freedom of Religion Act, 2003 which prohibited forcible religious conversion by marriage..The interim order passed by the Court today stated:."We are therefore of the opinion that pending further hearing the rigours of Sections 3, 4, 4A to 4C, 5, 6, 6A shall not operate merely because the marriage is solemnised by a person of one religion with another without force or by allurement or by fraudulent means and such marriages cannot be termed as marriages for the purposes of unlawful conversion. The above interim order is provided only on the lines of the arguments advanced by Mr Trivedi, learned Advocate General and to protect the parties solemnised in marriage interfaith from being unnecessarily harassed.".Following the order dictation, Advocate General Kamal Trivedi urged the Court to clarify that the provisions may apply if there is forceful religious conversion. .Chief Justice Nath responded that this is what the Court has said as well. The Chief Justice explained that something basic has to be there to show that there is force or fraud or allurement in the inter-faith marriage. Without this, the law in question would not apply. ."That’s all that we have said", the Chief Justice observed. .The petitioner, Jamiat Ulama-E-Hind Gujarat, has challenged the Amendment Act on three broad premises..It was submitted that the provisions of the Act are violative of a citizen's fundamental rights under Article 25 of the Constitution to profess and propagate their religion..It was further argued that the language used in the Act is vague and it encroaches upon the precious right to privacy under Article 21, essential to an individual in marriage..It was also brought to the Court’s attention that the Act of 2003 only prohibits forcible conversions by fraudulent representation or threat. However, the amendment brought under its ambit conversion by marriage and vague language such as “allurement of divine blessing.”.In the course of the hearing, the Court had orally observed earlier that it is up to the married couple to decide which religion they would want to follow. "Let us clarify, if there is an inter religion marriage without any coercion of fraud or allurement, that should not be treated as an offence", the Court had remarked. .It is upto married couple to decide which religion to follow: Gujarat High Court on religious conversion law.In an ensuing hearing, the State had asserted that marriage per se is not prohibited and that only conversion by way of force or allurement or fraud is prohibited.."No prosecution is to be initiated except without prior sanction, without a 'safety value,' this is not like a usual IPC offense that person can go to the police so that investigation starts or harassment starts ... Today, our understanding is this - marriage per se is not prohibited. Many at times we come across confusion in drafting, it doesn’t mean one should dump it. It is required to be interpreted like this", the State had contended on Tuesday. .The petitioner's counsel had, however, briefly interjected to question why the amendment was introduced at all if the marriage is permitted and when unlawful religious conversions were already prohibited before the amendment. .Story to be updated.