Greeva Garg–
Published on: August 7, 2021, at 12:20 IST
Gujarat High Court has issued notice to the State Government seeking a response in the plea challenging amendments made in the Gujarat Religion Conversion Law.
The Gujarat Freedom of Religion Act, 2003 has been amended to the Gujarat Freedom of Religion (Amendment) Act, 2021.
The Division Bench comprising Chief Justice Vikram Nath and Justice Biren Vaishnav observed that “It is for the married couple to decide which religion to follow if the case is of inter-religious marriage.”
The petitioner Jamait Ulama-E-Hind Gujarat challenged the Act on the three broad premises of Article 21 and 25 of the Constitution of India and Section 3 of the Gujarat Freedom of Religion (Amendment) Act, 2021.
Counsel Mihir Joshi, appearing for the petitioners argued that “It may be noted that the original act of 2003 only prohibited forcible conversion from one religion to another by use of force or by allurement or by fraudulent means. However, now the amended act prohibits acts like forcible religious conversion by marriage or aiding a person to get married.”
“We can clarify that if there is an inter-religion marriage, without there being any coercion, or any fraudulent means or any allurement, then at least that should not be treated as an offence. The moment someone lodges FIR, the person goes to jail,” the bench stated.
The High Court posted the matter for a further date on August 17.
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