Religion Conversion Gets Complicated, Gujarat Mandates Government Permission for Religious Conversions

Recently Gujarat government issued circular, that bards the freedom to shuffle religion.  The state government’s circular officially recognized Buddhism as a separate religion. Under the Gujarat Freedom of Religion Act, 2003, conversions from Hinduism to Buddhism, Jainism, and Sikhism will now require prior approval from district magistrates.

Released by the state home department on April 8, this directive aims to streamline the process of handling conversion applications and address concerns about its interpretation across district magistrate offices. The circular emphasizes the importance of adhering to prescribed procedures and warns against potential legal challenges arising from misunderstandings of the law. It stresses the need for district magistrates to thoroughly examine the legal framework when evaluating conversion applications.

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The notification highlighted a deviation from the established procedure for applications seeking permission for conversions from Hinduism to Buddhism. It also noted feedback indicating that prior permission might not be required for such conversions.

Underlining the distinct recognition of Buddhism within the Act, the circular made it mandatory for facilitators of conversions to obtain prior permission from the district magistrate. Additionally, individuals undergoing conversion must notify the district magistrate accordingly.

District magistrates are directed to carefully assess conversion applications in line with legal provisions and state directives. This measure aims to standardize the process and maintain uniformity in handling religious conversion applications throughout Gujarat.

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The government introduced the relevant Act to combat religious conversions accomplished through methods like inducement, coercion, misrepresentation, or any fraudulent means. In a 2021 amendment, the Act was updated to explicitly forbid forced religious conversions through marriage.

This legislation imposes severe penalties, with perpetrators liable to face imprisonment for up to 10 years and fines of up to ₹5 lakh. Notably, the burden of proof falls on the accused, and investigations are to be conducted by officers of the rank of deputy superintendent of police or higher. However, legal challenges have arisen regarding the validity of the amended Act, currently under review by the Gujarat High Court.