Context: Recently, Gujarat High Court stayed the operation of several sections of the Freedom of Religion (Amendment) Act, 2021, including the provision that termed interfaith marriages as means for forceful conversion.

Issue

• The HC is hearing two petitions that have challenged the newly enacted amendment in the law, which deals with forcible religious conversion through marriages.
• During the hearing, the Court observed that the amended law keeps a sword hanging over interfaith couples because it has created an impression that interfaith marriages are not permissible in the State.

Gujarat Freedom of Religion (Amendment) Act, 2021

• It proposes punishment of 3-10 years in jail for forcible or fraudulent religious conversions through marriage.
• It amends the Gujarat Freedom of Religion Act, 2003.
• The amendment aims to reduce the “emerging trend” where women are “lured to marriage” for the purposes of religious conversion.

Issues with the new law

• The amended law has vague terms which are against basic principles of marriage and right to propagate, profess and practice religion as enshrined in the Article 25 of the Constitution.
• The law even allows distant family members to file a criminal complaint.

Supreme Court on Marriage and Conversion

• The Apex Court of India in its several judgements has held that the state and the courts have no jurisdiction over an adult’s absolute right to choose a life partner.
• The Supreme Court of India, in both the Lily Thomas and Sarla Mudgal cases, has confirmed that religious conversions carried out without a bona fide belief and for the sole purpose of deriving some legal benefit do not hold water.

Salamat Ansari-Priyanka Kharwar case of Allahabad High Court 2020: The right to choose a partner or live with a person of choice was part of a citizen’s fundamental right to life and liberty (Article 21).

• It also held that earlier court rulings upholding the idea of religious conversion for marriage as unacceptable are not good in law.

Need of the hour

• There is a need for uniformity: Article 18 of the Universal Declaration on Human Rights mentions everyone has the right to freedom of religion including changing their faith. Since it is a state subject, the Centre can frame a model law like Model law on contract farming etc.
• States while enacting anti-conversion laws should not put any vague or ambiguous provisions for the person who wanted to convert of his own will.
• The anti-conversion laws also need to include a provision to mention the valid steps for conversion by minority community institutions.

People also need to be educated about the provisions and ways of Forceful conversions, Inducement or allurement, etc.

Additional Information

Right to Freedom of religion in India

• The Indian Constitution allows individuals the freedom to live by their religious beliefs and practices as they interpret these. In keeping with this idea of religious freedom for all, India also adopted a strategy of separating the power of religion and the power of the State

Constitutional Provisions

• Article 25: Freedom of conscience and free profession, practice and propagation of religion
• Article 26:  Freedom to manage religious affairs
• Article 27: Freedom to pay taxes for promotion of any particular religion
• Article 28: Freedom to attend religious instruction or worship in certain educational institutions