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Gujarat Government’s Circular on Buddhism Religion

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 15-Apr-2024

Source: Indian Express

Introduction

The recent pronouncement by the Gujarat government distinguishing Buddhism and Hinduism as separate religions has sparked discussions and raised questions regarding religious conversions in the state. This controversy of Gujarat government considering Buddhism as separate religion from Hinduism also relates to Gujarat Freedom of Religion Act, 2003 (GFR Act) and Article 25 of the Constitution of India, 1950.

What is Gujarat Freedom of Religion Act, 2003 (GFR Act)?

  • The GFR Act, enacted in 2003, addresses religious conversions in Gujarat, aiming to prevent conversions through coercion, allurement, or misrepresentation.
  • Section 3 of the act criminalizes attempts to convert individuals from one religion to another through various means, including marriage.
  • The severity of punishment escalates for vulnerable groups, such as women, minors, and Scheduled Castes or Tribes.
  • Valid conversions under Section 5 necessitate prior permission from the District Magistrate, emphasizing procedural compliance.
  • Amendments introduced in 2021 expanded the scope of prohibited actions, criminalizing conversion through marriage and placing the burden of proof on the accused to demonstrate lawful conversion.

What is the Distinction in Recent Circular?

  • The recent circular issued by the Home Department highlights discrepancies in the application of the GFR Act concerning conversions from Hinduism to Buddhism.
  • It refutes the notion that Buddhism falls under Hinduism, affirming Buddhism as a distinct religion under the Act.
  • This clarification challenges previous interpretations, particularly regarding Article 25(2) of the Constitution, which includes Sikhism, Jainism, and Buddhism within Hinduism for certain legal purposes.
  • Notably, the circular contradicts a 2006 amendment to the GFR Act, which sought to align Jainism and Buddhism with Hinduism.

What is Article 25 of the Constitution of India, 1950?

Freedom of conscience and free profession, practice and propagation of religion:

  1. Subject to public order, morality and health and to the other provisions of this Part, all persons are equally entitled to freedom of conscience and the right freely to profess, practise and propagate religion.
  2. Nothing in this article shall affect the operation of any existing law or prevent the State from making any law—
    1. regulating or restricting any economic, financial, political or other secular activity which maybe associated with religious practice;
    2. providing for social welfare and reform or the throwing open of Hindu religious institutions of a public character to all classes and sections of Hindus.

Explanation I.—The wearing and carrying of kirpans shall be deemed to be included in the profession of the Sikh religion.

Explanation II.—In sub-clause (b) of clause (2), the reference to Hindus shall be construed as including a reference to persons professing the Sikh, Jaina or Buddhist religion, and the reference to Hindu religious institutions shall be construed accordingly.

What is the Legal Challenged Against the Gujarat Freedom of Religion Act, 2003?

  • Legal challenges against the GFR Act, particularly its 2021 amendments mention contentious issues surrounding religious conversions in Gujarat.
  • The Jamiat Ulama-E-Hind's challenge in 2021, specifically targeting provisions related to conversion through marriage, reflects concerns regarding the presumption of conversion in interfaith marriages.
  • While a limited stay was granted on certain provisions, the larger constitutional challenge remains pending before the Gujarat High Court.
  • The Supreme Court's involvement in considering the constitutionality of anti-conversion laws across various states further complicates the legal landscape, with implications beyond Gujarat.

Conclusion

A nuanced understanding of the GFR Act, coupled with sensitivity to religious diversity and constitutional principles, is essential for fostering harmony and upholding fundamental rights in Gujarat and beyond. It is a step in the direction of anti-conversion laws.