The Gujarat government has told the Gujarat High Court on August 17 that interfaith marriage is not prohibited under the Gujarat Freedom of Religion (Amendment) Act, 2021, but using it as a tool or instrument for effecting forceful conversion is not allowed. The bench of Chief Justice Vikram Nath and Justice Biren Vaishnav is hearing petitions challenging the amending Act. The matter will next be heard on August 19.

The original Act of 2003 prohibited conversion by force or allurement, however the 2021 amendment make conversion by marriage an offence which is one of the many common threads between the anti-conversion laws passed by UP, Uttarakhand, Himachal Pradesh and Madhya Pradesh as well.

Advocate General Kamal Trivedi appearing for the state quoted the statement of objects and reasons that ‘it is considered necessary to prohibit the forcible conversion by marriage’ and stated that the word “marriage” in section 3 takes its colour from the company of the words around it. Thus, as per his interpretation, the context of marriage comes only if there is “force, allurement or by any fraudulent means”.

Section 3 of the amendment Act states, “no person shall convert or attempt to convert, either directly or otherwise, 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”.

A plain reading of this provision suggests that each means mentioned here i.e., force, allurement, fraudulent means, marriage are all independent of each other due to the use of the word “or” after each of these words.

The bench implored Trivedi that if he wants to make a statement on how the provision must be read, they will record the same. “But say that this (section 3) has to be read like this (in conjunction with the three elements of force, fraudulent means or/and allurement),” the bench said, to which Trivedi responded that he can take instructions and provide the same in writing, reported Indian Express.

At the previous hearing held on August 5, the high court had issued notice to the state government and the bench had orally expressed its displeasure over the changes brought about in the law. The bench had orally remarked, “Either you say if there is marriage by force or fraudulent means and then there is conversion, then of course, it is not right, fair enough. But if you say only because of marriage, someone converts and so it is an offence (it is not correct).”

The bench had opined that if an inter-religious marriage is without coercion or fraudulent means then it should not be treated as an offence. When state counsel Manisha Luvkumar contended that the object of the Act is to check that if in a relationship if one says unless you convert, there will be no marriage. To this, CJ Vikram Nath, reported responded that “it is between the two individuals”. This clearly indicated that the bench was keen on drawing a line on State interference in an individual’s privacy. Further, when the state counsel said that marriage does not require conversion, the court remarked that it is for the married couple to decide which religion they want to follow

SabrangIndia’s sister organisation, Citizens for Justice and Peace (CJP) has also moved the Supreme Court against the anti-conversion laws passed by UP, Uttarakhand, Himachal Pradesh and Madhya Pradesh. The petition cites detailed grounds for this challenge including issues of privacy, extra-Constitutional powers to police and non-state actors, the fact that they violate the non-negotiable tenets of secularism, equality and non-discrimination.  Both, the Act and Ordinance, are inherently anti-women and discriminate against women, giving them no agency whatsoever and are therefore bad in law and substance.

In April, the Supreme Court made a passing remark on the right of an individual to choose his religion. While dealing with a plea against black magic, superstition and mass religious conversions, the court said, “I don’t see a reason as to why any person above 18 cannot choose his religion. There is a reason why the word “propagate” is there in the Constitution”.

Related:

Gujarat Freedom of Religion Act challenged, HC issues notice
Allahabad HC grants bail to man charged under anti-conversion law
Woman embraces Islam and marries a Muslim, Jammu & Kashmir HC grants protection

The post Gujarat gov’t counsel explores different interpretation of conversion by marriage appeared first on SabrangIndia.

The Madhya Pradesh government has notified its Freedom of Religion Act, 2021 on March 27, thus making the law operative in the state. The law was initially passed as an ordinance on December 27, 2020.

The law, along with similar laws passed by states of Uttarakhand, Uttar Pradesh and Himachal Pradesh, has been challenged before the Supreme Court by Citizens for Justice and Peace (CJP), SabrangIndia’s sister organisation. All four laws have been challenged on grounds that it is discriminatory, anti-women, and contravenes the right to privacy and personal liberty of citizens by criminalising interfaith unions. Thus, CJP has prayed for the Uttarakhand Freedom of Religion Act (2018), Uttar Pradesh Prohibition of Unlawful Conversion of Religion Ordinance, 2020, Madhya Pradesh to Freedom of Religion Ordinance, 2020 and Himachal Pradesh Freedom of Religion Act, 2019 to be declared anti-Constitutional and struck down.

About the law

The MP Freedom of Religion Act, 2021 places a burden on individuals to justify their personal decisions to the State authorities throttling their Right to Life and Personal Liberty, Dignity, Freedom of Conscience and Choice. CJP secretary and human rights defender Teesta Setalvad explained, “Such laws need a challenge. Already the spectre of ‘Love Jihad’ an illusory concept has caused unimaginable misery, led to violence and intimidation by police and non-state actors. ‘Laws’ that impinge on privacy, freedoms, autonomy and violate principles of equality and non discrimination have no place in 21st century ‘free India’. More than anything else, they are anti-women as they discriminate against women denying them all agency.”

The MP Act has a unique definition of “conversion” which states that “conversion” means renouncing one religion and adopting another; but the return of any person already converted to the fold of his parental religion shall not be deemed conversion. It also has an additional sub-section that such conversions, carried out in contravention of this provision “will be deemed null and void”.

The Act requires an individual to give a declaration 60 days in advance to the District Magistrate that conversion is being done without any force, coercion, undue influence or allurement. The religious priest/convertor is required to give a similar notice 60 days in advance.

The Act also has a provision about who can file a complaint: Person who is converted by “misrepresentation, force, undue influence, coercion, inducement (or allurement) or by any fraudulent means or by marriage”; or his parents or siblings can file written complaint to the police and any other person who is related to him by blood, marriage or adoption, guardianship or custodianship can also complain but with the leave of the court.

The Act makes a special provision for inheritance and maintenance rights. The provisions state that notwithstanding provisions under section 6 (declaring marriages null and void) and decision of court under section 7 (petition for declaring marriage null and void), any child born out of such marriage will be deemed legitimate and succession to property will be deemed as per religion of the father. It also states that the woman and the child will also be entitled to maintenance as per Chapter IX of the CrPC.

A detailed analysis of the law may be read here.

The notified copy of the law may be read here:

Related:

“Love Jihad” laws curb individual and collective freedoms

CJP moves SC to include MP, HP in its ‘Love Jihad’ petition

Ordinances that mocked the Constitution

CJP’s Love Jihad amendment petition allowed by SC

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