Guj HC stays certain sections related to interfaith marriages

Ahmedabad: The Gujarat High Court on Thursday stayed the operation of some sections related to interfaith marriages of

the state's new anti-conversion law, in a setback to the state government.

A division bench comprising Chief Justice Vikram Nath and Justice Biren Vaishnav said the interim order has been passed to

protect people from unnecessary harassment.

While the state BJP government has so far not made any public statement on the high court's order, legal experts and social activists welcomed the interim stay saying the "entire law is against the spirit of the Constitution" and liberty of citizens to choose their religion.

The Gujarat Freedom of Religion (Amendment) Act, 2021, which penalises forcible or fraudulent religious conversion through marriage, was notified by the state government on June 15.

Similar laws have also been enacted by BJP governments in Madhya Pradesh and Uttar Pradesh. Last month, the Gujarat chapter of the Jamiat Ulema-e-Hind filed a petition, claiming that some of the amended sections of the

state's new law were unconstitutional.

On Thursday, Chief Justice Nath said, "We are of the opinion that pending further hearing, rigors of section 3,4, 4a to 4c, 5, 6, and 6a shall not operate merely because the marriage is solemnised by a person of one religion with another religion without force, allurement or fraudulent means and such marriages cannot be termed as marriage for the purpose of unlawful conversion."

"This interim order is to protect the parties which solemnised interfaith marriages from unnecessary harassment," he said.

The stay on these sections effectively means that an FIR under this law cannot be lodged merely

on the basis of his or her interfaith marriage.

When state Advocate General Kamal Trivedi sought a clarification, saying what if a marriage results in forceful conversion, Chief Justice Nath said, "There has to be a basic element of force or allurement or fraud. Without that you will not

(proceed), that's all we have said in the order."

Section 3 of the state's new law defines what is "forcible conversion".