Gujarat Freedom Of Religion (Amendment) Act 2021 Won't Apply To Inter Faith Marriages Without Force, Allurement Or Fraudulent Means

Factual Background

• The name of the case was Ulama-e-Hind Gujarat v. State of Gujarat.
• The provisions of the Gujarat Freedom of Religion (Amendment) Act, 2021 were challenged by the petitioner, which were implemented along the lines of anti-love jihad.
• The Gujarat Freedom of Religion Act 2003 was implemented for banning conversion by force or allurement or by any fraudulent means.
• The Amendment included the provision to bring forceful conversion by marriage into the purview of the Act.
• The provisions were challenged to be violative of the Articles 14, 21 and 25 of the Constitution.

Court’s Observation

• The Advocate General stated that the terminology of the provision might not be properly understood by the common man as it is mentioned in the Statement of Objectives and Reasons and other provisions as well.
• If Section 3 is read alone, it would bring the impression of any inter-faith marriage being punishable.
• The burden of proof lies on the accused as per the provisions of the Act and voluntary inter-faith marriages are put in jeopardy.
• Marriage between two consenting adults and right to choice under Article 21 is being infringed prima facie by the provision.

Principles laid by the Court

• The Court passed an interim order stating that inter-faith marriages that take place without any force, allurement or fraudulent means would not fall in the purview of the provisions of the Amended Act.
• This order was passed for the protection of the parties of inter-faith marriages from unnecessary harassment.
• The provisions under Section 3, 4, 4A to 4C, 5, 6 and 6A would not apply to a marriage merely because of the fact that the marriage has been solemnized between people of two different religions.

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