The Gujarat High Court granted temporary relief to various provisions of the Freedom of Religion (Amendment) Act, 2021, after hearing two petitions contesting the Act’s validity, including the clause that defined interfaith marriage as a component of forced conversions. According to comments made by advocate general Kamal Trivedi, the revised legislation went into effect on June 1, and three cases have been brought under it thus far.
“After recording the preliminary submissions and the arguments advanced, we are therefore of the opinion that the rigors of sections shall not operate merely because marriage is legal”, Chief Justice Vikram Nath stated in open court during the physical proceedings.
Read also: Anand, Vidit Gujrathi in FIDE Grand Swiss League field
The previous interim order is issued only based on arguments presented by Mr. Kamal Trivedi, learned advocate general, and to safeguard the parties who are solemnizing the marriage from undue harassment.” Although the division bench of Chief Justice Nath and Justice Biren Vaishnav had opined that the language of the amended Act does not make this clear, leaving a “sword hanging” on interfaith marriages, Advocate General Trivedi had submitted on August 17 that interfaith marriages are “per se not prohibited.”
Following the ruling’s announcement on Thursday, the attorney general asked the court to include a clarification in the decision that the operation of the abovementioned provisions may be permitted if there is a marriage that results in forced conversion. The bench answered that its ruling said that religious conversion post-marriage could not be interpreted as a crime unless there is an element of coercion, allurement or fraudulent methods demonstrated.
Section 4 imposes a maximum sentence of four years in prison for violating Section 3. In contrast, Section 4A imposes a maximum sentence of seven years in prison for violating Section 3’s requirements in the event of marriage by unlawful conversion.
Read also: Gujrat: 5 killed, 6 injured as fire breaks out in ICU of pvt hospital
Section 4C defines offenses committed by institutions or organizations in violation of section 3 and provides penalties of up to ten years in jail. Sections 5 and 6 of the Act require the previous approval of the district magistrate in the case of conversion and the authorization of the district magistrate to prosecute crimes under the Act.
