The agenda of votebank politics was clearly visible by creating an atmosphere of fear among the people of Gujarat, says Convener Mujaheed Nafees
By Abdulhafiz Lakhani Ahmedabad
Close on the heels of passing the Gujarat Religious Freedom (Amendment) Bill, 2021, in Gujarat Assembly last week, A Gujarat-based minority rights organisation, has asserted that the proposed law “is completely unconstitutional
In a representation to the state governor, the Minorities Coordination Committee (MCC) said, “While presenting the amendment Bill, the way the State Home Minister used the word jihadi, named an Islamic institution and tried to link it with terrorists, “it is became quite clear that the amendment will be misused against the minorities.”
MCC convener Mujahid Nafees, who has signed the representation, said, “The fundamental spirit of the proposed law is violation of the freedom of religion. It only reveals the political conspiracy by masculine leaders in order to impose their parochial agenda on the choice of women to marry whom they wish..”
Quoting Article 25 of the Indian Constitution, the representation says, “All persons are equally entitled to freedom of conscience and the right to freely promote, practice and propagate religion under public order, morality and health.”
Nafees said, the State Home Minister “failed to give any concrete reasons for the purpose of introducing the Bill, nor has he quotes figures of religion conversions in the state, yet he continued with his hate speech towards Muslims.” He added, “The agenda of votebank politics was clearly visible by creating an atmosphere of fear among the people of Gujarat.”
Also stating that the amendment “violates the freedom found in the Special Marriage Act, 1954, the representation says, “To choose to marry anyone following any religion is a fundamental pillar of personal freedom”, underlining, the Bill violates “Article 51A (f) of the Constitution, which clearly states every citizen of the country is equal, “irrespective of religious, linguistic, regional or communal differences”
Pointing out that already many laws exist such as the Indian Penal Code 1860, the Indian Criminal Procedure 1973, the Indian Evidence Act 1872 and others, which are empowered to deal with forcible conversion, he said, “Hence, a new law has no justification.”
Asking the governor to reject the Bill, he said, “The Bill is also a clear violation of the fundamental principle of the natural principles of justice, and seeks to punish the innocent. It violates equality before all under Article 14 of the Constitution. It is also in violates the 1948 Declaration of International Human Rights, to which India is a signatory.
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.
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.
senior Congress leader Arjun Modhwadia opined that any adult members had fundamental rights to get married with the partner of his/her choice, and any law prohibiting these rights were unconstitutional.
“BJP knows this fact. But only for political purposes, they are enacting the anti-conversion laws which, however, would be nullified in the courts of law. There are possibilities of enacting such laws in Gujarat as legislative assembly polls are approaching in two years,” he said.
Even as Gujarat Congress president Amit Chavda also said that the Constitution of India had given freedom to the citizens and it could not be taken away by bringing some laws.
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Abdulhafiz Lakhani
editor@siyasat.net, Ahmedabad
GUJARAT INDIA
