Gandhinagar: Gujarat High Court on Thursday stayed the implementation of certain sections concerning interfaith marriages in the Gujarat Freedom of Religion (Amendment) Act in an in an interim order.
The court said that the First Information Report (FIR) cannot be registered unless it is proved that the marriage was solemnized through coercion, pressure or greed.
The act was challenged in the court by a petitioner who claimed that the amendment in the act allowed anyone to lodge a complaint and criminalised inter-religious marriages.
The court, in the first hearing, had issued a notice to the Gujarat government. In the second hearing, Advocate General Kamal Trivedi, on behalf of the government, had made a statement in court.
"The way the applicant is interpreting the provisions of the Freedom of Religion Act is not correct. Only those who get married by falsely intimidating are scared," he had stated.
In response, the petitioner's lawyer had urged the court to consider how police officers will interpret the law as many complaints had been received.
Finally, the court issued a restraining order on the implementation of amendments made in certain sections of Gujarat Freedom of Religion (Amendment) Act and observed that FIRs cannot be made on the basis of marriage alone in inter-religious marriage cases.
The law passed by Gujarat
Earlier in April this year, Gujarat Vidhan Sabha had passed the 'Gujarat Freedom of Religion Act, 2021' with a majority to bring more stringent punishment against forced religious conversions through marriage.
By passing this bill, Gujarat had become the third state after Uttar Pradesh and Madhya Pradesh to make a law against 'love jihad.
The Gujarat amendment 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 in the law.
As per the provisions of the Bill, “Forcible conversion by marriage or by getting a person married” shall invite imprisonment of 3-5 years and up to ₹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 ₹3 lakh.
If any organisation is found violating the law, the person in-charge can be sentenced to between three years and 10 years in jail and a fine of up to ₹5 lakh can be imposed.
Marriages solemnised for the purpose of such conversion will be declared void and 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 the complaint and the offences shall be non-bailable.
