Freedom of faith doesn’t embrace proper to transform individuals: Gujarat authorities to SC 

By PTI

NEW DELHI: The Gujarat authorities has informed the Supreme Court that freedom of faith doesn’t embrace the precise to transform others, and requested the highest courtroom to vacate a High Court keep on the supply of a state legislation that mandates prior permission of the district Justice of the Peace for conversion by marriage.

The Gujarat High Court had by its orders dated August 19 and August 26, 2021 stayed the operation of part 5 of the state authorities’s Freedom of Religion Act of 2003.

In its affidavit submitted in response to a PIL by advocate Ashwini Upadhyay, the state authorities mentioned it has filed an software in search of the HC keep be revoked in order that the provisions to ban spiritual conversions in Gujarat by power, allurement, or fraudulent means be applied.

“It is submitted that the precise to freedom of faith doesn’t embrace a elementary proper to transform different individuals to a specific faith.

The mentioned proper definitely doesn’t embrace the precise to transform a person by fraud, deception, coercion, allurement or different such means,” it mentioned.

The state authorities mentioned the which means and purport of the phrase ‘propagate’ in Article 25 of the Constitution was debated in nice element within the constituent meeting, and its inclusion was handed solely after the clarification that the basic proper underneath Article 25 wouldn’t embrace the precise to transform.

It mentioned the constitutionality of Madhya Pradesh Dharma Swatantraya Adhiniyam, 1968 and the Orissa Freedom of Religion Act, 1967 that are pertinently pari materia (on the identical topic) with Gujarat Freedom of Religion Act, 2003, was challenged earlier than a Constitution Bench in 1977.

This Court had held that fraudulent or induced conversion impinges upon the precise to freedom of conscience of a person aside from hampering public order and, subsequently, the State was effectively inside its energy to control/limit the identical.

“It is, therefore, submitted that the enactments like Gujarat Freedom of Religion Act, 2003, which seeks to control and curb the menace of organized, sophisticated large scale illegal conversions in the State of Gujarat have been upheld to be valid by this Court,” the state authorities mentioned.

It added that the High Court whereas passing the orders had failed to understand that by staying the operation of part 5 of the Act of 2003, the entire goal of the Act successfully stands annoyed.

“It is humbly submitted that the Act of 2003 is a validly constituted legislation and more particularly the provision of section 5 of the Act of 2003, which is holding the field since last i8 years and thus, a valid provision of law so as to achieve the objective of the Act of 2003 and to maintain the public order within the State of Gujarat by protecting the cherished rights of vulnerable sections of the society including women and economically and socially backward classes,” it mentioned.

The state authorities mentioned the attraction towards the orders of the High Court additionally primarily pertains to the problem of spiritual conversions by power, allurement, or fraudulent means as is PIL filed by Upadhyay.

It mentioned the High Court vide the impugned interim orders has stayed the operation of Section 5 of the Act of 2003, which is in truth “an enabling provision enabling a person” to get transformed from one faith to a different faith on his personal volition.

It mentioned, “At the identical time, the train of taking prior permission additionally obviates the forcible conversion and protects the liberty of conscience assured to all of the residents of the Country.

” It is submitted that the steps stipulated in Section 5 are the precautions to make sure the method of renouncing one faith and adopting one other is real, voluntary and bona fide and free from any power, allurement and fraudulent means.

On November 14, the highest courtroom had mentioned that pressured spiritual conversion could pose a hazard to nationwide safety and impinges on spiritual freedom of residents.

It had requested the Centre to step in and make honest efforts to sort out the “very serious” difficulty.

The courtroom had warned a “very difficult situation” will emerge if proselytisation by deception, allurement and intimidation shouldn’t be stopped.

“The difficulty with respect to the alleged conversion of faith, whether it is discovered to be right and true, is a really severe difficulty which can in the end have an effect on the safety of the nation in addition to the liberty of faith and conscience of the residents.

“Therefore, it is better that the Union government may make their stand clear and file counter on what steps can be taken by Union and/or others to curb such forced conversion, maybe by force, allurement or fraudulent means,” the highest courtroom had mentioned in its order.

It had requested Solicitor General Tushar Mehta to enumerate measures to curb the apply.

In his PIL, Upadhyay has sought course to the Centre and states to take stringent steps to regulate fraudulent spiritual conversion by “intimidation, threatening, deceivingly luring through gifts and monetary benefits”.

The prime courtroom had on September 23 sought responses from the Centre and others to the plea.

NEW DELHI: The Gujarat authorities has informed the Supreme Court that freedom of faith doesn’t embrace the precise to transform others, and requested the highest courtroom to vacate a High Court keep on the supply of a state legislation that mandates prior permission of the district Justice of the Peace for conversion by marriage.

The Gujarat High Court had by its orders dated August 19 and August 26, 2021 stayed the operation of part 5 of the state authorities’s Freedom of Religion Act of 2003.

In its affidavit submitted in response to a PIL by advocate Ashwini Upadhyay, the state authorities mentioned it has filed an software in search of the HC keep be revoked in order that the provisions to ban spiritual conversions in Gujarat by power, allurement, or fraudulent means be applied.

“It is submitted that the precise to freedom of faith doesn’t embrace a elementary proper to transform different individuals to a specific faith.

The mentioned proper definitely doesn’t embrace the precise to transform a person by fraud, deception, coercion, allurement or different such means,” it mentioned.

The state authorities mentioned the which means and purport of the phrase ‘propagate’ in Article 25 of the Constitution was debated in nice element within the constituent meeting, and its inclusion was handed solely after the clarification that the basic proper underneath Article 25 wouldn’t embrace the precise to transform.

It mentioned the constitutionality of Madhya Pradesh Dharma Swatantraya Adhiniyam, 1968 and the Orissa Freedom of Religion Act, 1967 that are pertinently pari materia (on the identical topic) with Gujarat Freedom of Religion Act, 2003, was challenged earlier than a Constitution Bench in 1977.

This Court had held that fraudulent or induced conversion impinges upon the precise to freedom of conscience of a person aside from hampering public order and, subsequently, the State was effectively inside its energy to control/limit the identical.

“It is, therefore, submitted that the enactments like Gujarat Freedom of Religion Act, 2003, which seeks to control and curb the menace of organized, sophisticated large scale illegal conversions in the State of Gujarat have been upheld to be valid by this Court,” the state authorities mentioned.

It added that the High Court whereas passing the orders had failed to understand that by staying the operation of part 5 of the Act of 2003, the entire goal of the Act successfully stands annoyed.

“It is humbly submitted that the Act of 2003 is a validly constituted legislation and more particularly the provision of section 5 of the Act of 2003, which is holding the field since last i8 years and thus, a valid provision of law so as to achieve the objective of the Act of 2003 and to maintain the public order within the State of Gujarat by protecting the cherished rights of vulnerable sections of the society including women and economically and socially backward classes,” it mentioned.

The state authorities mentioned the attraction towards the orders of the High Court additionally primarily pertains to the problem of spiritual conversions by power, allurement, or fraudulent means as is PIL filed by Upadhyay.

It mentioned the High Court vide the impugned interim orders has stayed the operation of Section 5 of the Act of 2003, which is in truth “an enabling provision enabling a person” to get transformed from one faith to a different faith on his personal volition.

It mentioned, “At the identical time, the train of taking prior permission additionally obviates the forcible conversion and protects the liberty of conscience assured to all of the residents of the Country.

” It is submitted that the steps stipulated in Section 5 are the precautions to make sure the method of renouncing one faith and adopting one other is real, voluntary and bona fide and free from any power, allurement and fraudulent means.

On November 14, the highest courtroom had mentioned that pressured spiritual conversion could pose a hazard to nationwide safety and impinges on spiritual freedom of residents.

It had requested the Centre to step in and make honest efforts to sort out the “very serious” difficulty.

The courtroom had warned a “very difficult situation” will emerge if proselytisation by deception, allurement and intimidation shouldn’t be stopped.

“The difficulty with respect to the alleged conversion of faith, whether it is discovered to be right and true, is a really severe difficulty which can in the end have an effect on the safety of the nation in addition to the liberty of faith and conscience of the residents.

“Therefore, it is better that the Union government may make their stand clear and file counter on what steps can be taken by Union and/or others to curb such forced conversion, maybe by force, allurement or fraudulent means,” the highest courtroom had mentioned in its order.

It had requested Solicitor General Tushar Mehta to enumerate measures to curb the apply.

In his PIL, Upadhyay has sought course to the Centre and states to take stringent steps to regulate fraudulent spiritual conversion by “intimidation, threatening, deceivingly luring through gifts and monetary benefits”.

The prime courtroom had on September 23 sought responses from the Centre and others to the plea.