GUJARAT FREEDOM OF RELIGION ACT

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Context: The recent clarification by the Gujarat government that Buddhism is a separate religion for religious conversions has started the debate surrounding the Gujarat Freedom of Religion Act (GFR Act).

About Gujarat Freedom of Religion Act (GFR Act)

• The Gujarat Freedom of Religion Act (GFR Act) passed in 2003, is a legislative response to concerns about religious conversions achieved through coercion or exploitation.
• It aims to protect vulnerable individuals, such as members of Scheduled Castes and Scheduled Tribes, who may be more susceptible to pressure or undue influence.
• The Act establishes a legal framework to ensure that conversions take place freely and by choice, without resorting to unfair or manipulative tactics.
• The Act outlines specific regulations that must be followed for a legal conversion in Gujarat. These regulations are designed to create a transparent process and provide a safeguard against forced conversions. They also ensure that the person converting has a clear understanding of the implications of changing their faith.

Provisions of the GFR Act

• Prohibited Conversions: The Act prohibits religious conversions by exerting undue influence, exploiting vulnerabilities, or employing deceptive tactics. This includes:
  • Force: Using physical threats or intimidation to compel someone to convert.
  • Allurement: Offering material benefits, preferential treatment, or promises of a better life in exchange for conversion.
  • Fraudulent Means: Misrepresenting facts or deliberately misleading someone about the tenets or practices of a religion to influence their decision to convert.
  • Conversion through Marriage: The Act specifically criminalises marriages where the primary motive is to convert one partner to another religion. It also prohibits pressuring someone into getting married for the purpose of conversion.
• Punishment for Violations: Offenders who violate the GFR Act's provisions can be penalised with imprisonment (up to 4 years for vulnerable groups, such as Scheduled Castes and Scheduled Tribes) and fines.
• Process for Valid Conversion: To ensure informed consent and prevent manipulative practices, the GFR Act mandates a specific process for religious conversions in Gujarat. This process involves:
  • Prior Permission: The person performing the conversion ceremony (like a religious priest or leader) and the person seeking to convert must obtain prior permission from the District Magistrate. This allows the authorities to verify that the conversion is happening willingly and without any coercion.
  • Post-conversion Intimation: After the conversion ceremony, the person who converted is required to inform the District Magistrate's office. This step helps maintain a record of conversions and can help investigate any potential violations of the Act.

Recent Amendments (2021)

Stronger Focus on Conversion through Marriage

• The 2021 amendments introduced a specific section (Section 4A) to criminalise conversion through marriage. This provision recognizes that marriage is a sacred institution based on mutual respect and understanding, and it shouldn't be used as a tool to force religious conversion on one partner.
• The Act also prescribes stricter penalties (Section 4C) for any person or institution involved in organising or facilitating such unlawful conversions. This deters organisations that might target vulnerable individuals through marriage for religious conversion purposes.

Shifting Burden of Proof

• Another amendment (Section 6A) places the burden of proof on the accused in cases where religious conversion is challenged. This means that if someone is accused of forcing or manipulating someone else into converting, they will have to prove that the conversion happened willingly and without any foul play.
• The shift in the burden of proof helps protect vulnerable individuals from undue pressure or exploitation during religious conversions.

Recent Developments and Circulars Issued by Gujarat Government

• The Gujarat government issued a recent circular to clarify that conversions from Hinduism to Buddhism must follow the GFR Act's procedures. This clarification was necessary because of a prevailing interpretation that considered Buddhism as an offshoot of Hinduism and exempt from the Act's regulations.

Gujarat Government's Argument

• The government argues that people converting from Hinduism to Buddhism, under the mistaken belief that they are exempt due to their religions' historical connection, are not following the mandated procedures. This can lead to situations where individuals might be pressured or misled into converting without fully understanding the implications.
• The government aims to ensure informed consent and protect vulnerable people from undue influence, regardless of the religions involved.

Legal Challenges

• The GFR Act, particularly the amendments targeting conversion through marriage, is facing legal scrutiny. The Gujarat High Court is currently hearing a challenge to the Act's constitutionality.
• The Supreme Court is considering combining legal challenges to anti-conversion laws from various states. These challenges raise questions about the balance between religious freedom and the prevention of religious coercion.

Religious Freedom in India ●India is a secular state with no official religion. ●Articles 25-28 of the Constitution protect the right to practice, profess, and propagate religion. ●India is a land of many religions, with Hinduism being the majority. Islam, Christianity, Sikhism, Buddhism, and Jainism are also significant. ●India has a long history of religious tolerance, offering refuge to persecuted groups like Jews, Zoroastrians, and Tibetan Buddhists. ●Several Indian states have passed anti-conversion laws to prevent forced conversions. These laws are controversial; some argue they violate religious freedom, while others say they protect vulnerable groups. ●Overall, India's record on religious freedom is mixed. While the Constitution guarantees this right, there are challenges in practice. The debate continues on how to balance religious freedom with preventing coercion and protecting vulnerable communities.

Conclusion

• The GFR Act attempts to regulate religious conversions in Gujarat to prevent coercion and exploitation, ensuring that conversions are made freely and with full knowledge. However, the Act's scope and some amendments, like those restricting conversion through marriage, are under legal debate. The upcoming court decisions will likely shape how religious conversions are practised in Gujarat in the future.

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Freedom of Religion

Source:

Indian Express

PRACTICE QUESTION Q. In the context of the Freedom of Religion under the Indian Constitution, consider the following statements: 1. The government can interfere in religious practices. 2. The State can establish and maintain institutions for religious purposes. 3. The Constitution guarantees the right to convert from one religion to another. 4. The State has the authority to levy taxes on religious properties. How many of the above statements are correct? A) Only one B) Only two C) Only three D) All four Answer: B