NEWS: Gujarat HC says it is upto married couple to decide which religion to follow

By Legal Wires 3 Minutes Read

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

The Gujarat High Court issued notice to the state government and advocate general of the state on a plea challenging the Gujarat Freedom of Religion (Amendment) Act, 2021.

A Bench of Chief Justice Vikram Nath and Justice Biren Vaishnav questioned the state counsel whether conversion by the virtue of marriage can be made offence.

The Gujarat Freedom of Religion (Amendment) Act, 2021 amended the existing act of 2003 and prohibited forcible religious conversion by marriage.

The petitioner Jamiat Ulama-E-Hind Gujarat, challenged the Act on three major aspects.

Firstly, the provisions of Act violates the citizen’s Fundamental Right under Article 25 to profess and propagate their religion.

Secondly, the language used in the Act is vague and obtrudes the basic essentials of an individuals marriage under right to privacy in Article 21.

Thirdly, the earlier Act of 2003 only prohibited the 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”

The Respondent in response to the petitioner submitted that the object of the Act is to address circumstances where in a relationship, a marriage is not an option unless conversion takes place.

The Bench responded that the Act does not make inter-religious marriage an offence, conversion by virtue of marriage is made an offence.

Chief Justice Vikram Nath opined “It is upto the married couple to decide which religion to follow. It is for them,“

Therefore the respondent submitted that a deep examination into the act would be necessary. Further the matter was adjourned and listed for next its hearing.