Gujarat HC puts interim stay on several sections of anti-love jihad law
Thursday, 19 August 2021 (21:05 IST)
Ahmedabad: The Gujarat High Court on Thursday put an interim stay on more than half a dozen sections of the controversial Gujarat Freedom of Religion (Amendment) Act, 2021 that is said to have been enacted by the BJP government in the state to reportedly check the alleged practice of 'Love-Jihad'.
In its interim order on two writ petitions challenging the provisions of the act arguing that the amended law goes against the basic principles of marriage, and the right to propagate, profess and practice religion as enshrined in Article 25 of the Constitution, the division bench of Chief Justice Vikram Nath and Justice Biren Vaishnav said it would not apply to such inter-faith marriages which took place without force, allurement or fraudulent means.
The court in its interim order said that the rigours of Section 3, 4, 4A to 4C, 5, 6, and 6A shall not operate merely because marriage is solemnized by a person of one religion with that of another religion.
Earlier during the hearing yesterday, Advocate General Kamal Trivedi appearing on behalf of the state government had said that there was no need to fear as there was no ban on interfaith marriages in Gujarat. He however said that the amended anti-conversion law meant to stop such marriages that become tools for forceful conversion.
The court had observed that the law kept a sword hanging over interfaith couples because it has created an impression that interfaith marriages are not permissible in the state.
Notably, the Gujarat Assembly had in April this year passed the related bill amending the Freedom of Religion Act, 2003. It has provisions of up to 10 years of jail and fine up to Rs five lakhs for those found violating it. (UNI)
