The bill, which amends a 2003 Act, seeks to curb “emerging trend in which women are lured to marriage for the purpose of religious conversion”
By Abdulhafiz Lakhani Gandhinagar
While speaking on the provisions of the amendment Bill, Congress MLA Imran Khedawala said, “Home Minister Pradeepsingh Jadeja has only mentioned that the daughters of the Hindu community are targeted by men from a specific community. Daughters, be it from any religious community, will always be our daughters. I too have over hundred testimonies of Muslim girls marrying into other religion. I am deeply hurt by the words of the minister.”
On hearing this, the Speaker of the House, Rajendra Trivedi, interrupted the Congress legislator but Khedawala stuck to his words.
“Nobody can force anybody to marry into a specific religion and in no religion it is written to forcibly convert anyone to accept that. In this Bill, only one community is specifically targeted with words like ‘Jihadi’. I opposite this Bill and I’m tearing down its copy,” Khedawala said as tore the copy of the Bill which he had in his hand.
The gesture was followed by an uproar from the BJP members in the House.
The proposed amendment seeks to prohibit and punish religious conversions promising better lifestyle, divine blessings and impersonation.
The bill, which amends a 2003 Act, seeks to curb the “emerging trend in which women are lured to marriage for the purpose of religious conversion” as per its “statement of object.
Similar laws have been enacted in BJP-ruled Uttar Pradesh and Madhya Pradesh.
The bill says it is necessary to prohibit “forcible conversion by marriage or by getting a person married or by aiding a person to get married,” and hence the amendment is being carried out.
The Gujarat Freedom of Religion Act, 2003 deals with religious conversion “through allurement, force or by misrepresentation or by any other fraudulent means”.
There is an emerging trend in which women are lured to marriage for the purpose of religious conversion,” the bill says.
The amendment also defines “allurement” as promising “better lifestyle, divine blessings, or otherwise”.
“Forcible conversion by marriage, or by getting a person married” shall invite imprisonment of 3-5 years and up to Rs 2 lakh fine.
If the victim is a minor, a woman, a Dalit or tribal, then the offenders may be punished with a jail term of 4-7 years and a fine of not less than Rs 3 lakh.
If any organisation is found violating the law, the person-in-charge can be sentenced to between three years to ten years in jail and a fine of up to Rs 5 lakh can be imposed.
Marriages solemnized for the purpose of such conversion will be declared void.Also, the burden of proof shall lie on the accused.
Parents, siblings or any other person related by blood, marriage or adoption to the victim can lodge a complaint.Offences will be non-bailable.
The Gujarat Freedom of Religion Act, 2003 mandates that a citizen obtain prior approval from the district authority, for conversion. Under the existing law, any person found guilty of indulging in forced conversion can face imprisonment up to three years and a fine of up to Rs 50,000. If the person who has been forced to convert is a minor, a woman or a person belonging to scheduled caste or scheduled tribe, the maximum imprisonment has been fixed at four years and a fine which can extend up to Rs one lakh.
Replying to questions in the Gujarat assembly, the state government – while providing relevant figures for 2016 and 2017 – had said in February 2018 that the government received 402 applications from Hindus, 33 applications from Muslims, 11 from Christians and one from a Sikh, seeking permission to embrace other religions.
In July 2019, the state government informed in the assembly that central Gujarat witnessed most religious conversions in the preceding two years.
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Abdulhafiz Lakhani
editor@siyasat.net, Ahmedabad
GUJARAT INDIA
