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Polity & Governance
Pradeep Kumar

23/08/21 11:10 AM IST

Gujarat anti-conversion law

In news

The law under challenge is The Gujarat Freedom of Religion (Amendment) Act, 2021.

Details
  • The legislation amended the 2003 Gujarat Freedom of Religion Act. The amendment was brought in line with several similar laws enacted last year by BJP-ruled states, starting with Uttar Pradesh.
  • The laws ostensibly seek to end conversion through unlawful means, specifically prohibit any conversion for marriage, even if it is with the consent of the individual except when prior sanction is obtained from the state.
  • Apart from UP and Gujarat, Madhya Pradesh and Himachal Pradesh too, have also enacted similar laws.
Criticism 
  • The new anti-conversion laws shift the burden of proof of a lawful religious conversion from the converted to his/her partner; define “allurement” for religious conversion in vague, over-broad terms; prescribe different jail terms based on gender; and legitimate the intrusion of family and the society at large to oppose inter-faith marriages.
  • They also give powers to the state to conduct a police inquiry to verify the intentions of the parties to convert for the purposes of marriage.
  • Legal experts have pointed out that the laws interfere in an individual’s agency to marry a partner from a different faith and to choose to convert from one’s religion for that purpose.
  • Apart from being vague and sweeping, the laws also test the limits to which the state can interfere in the personal affairs of individuals.
  • The freedom to propagate one’s religion and the right to choose a partner are fundamental rights that the new anti-conversion laws impinge upon.
Source: Indian Express

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