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

By Legal Wires 3 Minutes Read

The Gujarat High Court passed an interim order directing the provisions of Gujarat Freedom of Religion (Amendment) Act, 2021 will not operate merely because marriage is inter-faith, unless there is some kind of force, fraud, or allurement involved.

Jamiat Ulama-E-Hind Gujarat vs. State of Gujarat

The Bench comprising of Chief Justice Vikram Nath and Justice Biren Vaishnav in plea challenging the validity of the 2021 amendment to the Gujarat Freedom of Religion Act, 2003 which prohibited forcible religious conversion by marriage.

The court observed “We are therefore of the opinion that pending further hearing the rigors of Sections 3, 4, 4A to 4C, 5, 6, 6A shall not operate merely because the marriage is solemnized 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 solemnized in marriage interfaith from being unnecessarily harassed.“

The court further, 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.

Hence, the court passed an interim order to ensure the protection of persons solemnized in interfaith marriage from being unnecessarily harassed.