Gujarat HC quashes state govt plea to rectify order restraining anti-conversion law

The Gujarat High court rejected the Gujarat government’s plea to rectify the court’s order where it had issued a stay on the operations of Section 5 of the new anti-conversion law. Earlier, the state government had requested the Gujarat High Court in a plea to take back its order restricting the operation of section 5 of the newly formed law.

Gujarat HC quashes govt's plea to rectify order restraining operations under anti-conversion law

The Gujarat HC had earlier, asked the BJP government to stop the operation under Section 5 of the Gujarat Freedom Of Religion Amendment Act, 2021, which mandates "for any person to be converted from one religion to another, religious priests must first obtain authorization from the district magistrate." Furthermore, the person who has been converted must "send an intimation" to the district magistrate in the prescribed manner, the law had stated.

After hearing the arguments presented by state Advocate General Kamal Trivedi (representing BJP government), a division bench of Chief Justice Vikram Nath and Justice Biren Vaishnav said, "We do not find justification to make any amendments in the order made by us on August 19."

Meanwhile, on the other hand, Advocate General Tivari argued and said, "Since there is a stay on section 5, no one will come for the permission even if it’s a voluntary conversion without marriage. They will say that the high court had stayed the rigours of section 5. It is meant for such propositions where everything is willingly done. This order means the whole law now stands stayed".

He also urged the bench to lift the stay on Section 5 by rectifying the previous order.

“The other sections which have been stayed are related to marriage, while section 5 is for legal voluntary conversion. Under that section, if someone goes to the priest, the priest has to take the permission. It deals with lawful conversion. Why a section dealing with lawful conversion should be stayed?” asked Trivedi.

The bench, on the other hand, told Trivedi that it is his own view that the court has stayed the section about prior authorization for all types of conversions.

“If a bachelor wants to get converted, he will require that permission. We have not stayed it. We have stayed the conversion through marriage only. That’s what we have said in the order,” Chief Justice Nath said while rejecting the state government’s plea.

With PTI Inputs

Image: Rep Image