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Lift HC stay on rule for conversion via marriage: Gujarat govt in SC | India News


NEW DELHI: In response to the Supreme Court’s order to consider conversion through deception, deception or fraud a very serious matter that could affect national security, the Gujarat government on Saturday requested SC lifts high court’s suspension of Section 5 of the law Religious Freedom Act2003 requires prior authorization from a district judge for conversion through marriage.
While listening to the PIL of attorney Ashwini Upadhyay, a bench chaired by Justice MR Shah on November 14, said, “The matter regarding the alleged religious conversion… is a very one. which may ultimately affect the security of the country infringing upon the citizens’ right to freedom of religion, freedom of religion, practice and propagation of religion. It would therefore be better for the Union government to file an objection to what further steps can be taken to limit such a forced conversion…”
The Center, in its preliminary response, stated that a person’s right to religious freedom and the right to propagate one’s religion does not include a missionary’s right to convert others to his or her religion. Sharing the same view, the Gujarat government, through its advisor Swati Ghildiyal, said the state’s 18-year-old law had been challenged by Jamiat Ulama-e-Hind against HC, which had kept many provisions, including the operation of the state. Section 5 requires the prior authorization of the district judge for religious conversion through marriage.
The state said, “Ask permission in advance to obviates forced conversion and protect the guaranteed ‘freedom of conscience’ for citizens. The steps prescribed are precautionary measures to ensure that the process of one’s renunciation of one’s religion in favor of another religion is genuine, voluntary and goodwill, and is not subject to any form of coercion. coerce, seduce and defraud.”
Through the Center’s view, the state, in the midst of congressional elections, said the right to freedom of religion does not include the fundamental right to convert others to a particular religion, especially through mediation. fraud, deception, coercion, seduction or similar means. .
Copying a passage from the Center’s affidavit, it said, “The meaning and purpose of the word ‘propaganda’ under Article 25 of the Constitution were discussed and debated in great detail at the Constituent Assembly. and the inclusion of the word was adopted by the Constituent Assembly only after making it clear that the fundamental right under Article 25 would not include the right to convert.”
Gujarat said the SC had previously upheld the constitutionality of the Madhya Pradesh Dharma Swatantraya Adhiniyam, 1968 and the Orissa Religious Freedom Act, 1967, similar to the Gujarat Religious Freedom Act, 2003, and ruled that the transfer fraudulently alter or affect an individual’s freedom of conscience in addition to obstructing public order and thus the state’s ability to regulate/restrict the same.
The BJP-administered state says its 2003 law has been in effect for 18 years with the goal of maintaining public order by protecting the precious rights of vulnerable sections of society, including both women and the economically and socially backward classes. Gujarat has separately challenged the HC order to uphold certain provisions of the 2003 Act as amended in 2021. SC on 14 February this year sought Jamiat’s response but the case was not brought. trial since then.

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