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A bench of Justices S Abdul Nazeer and Krishna Murari issued a notice on the plea of the state government. (Representational) The Supreme Court on Monday issued notice on an appeal by the Gujarat government challenging the High Court order which stayed the operation of Section 5 of the Gujarat Freedom of Religion Act, 2003. The section mandated a person who is converting another from one religion to another to seek the permission of the District Magistrate and also required the person, so converted, to inform the Magistrate about the same.
A bench of Justices S Abdul Nazeer and Krishna Murari issued a notice on the plea of the state government.
In August last year, the Gujarat High Court stayed the operation of several sections of the Freedom of Religion (Amendment) Act, 2021, including the provision that termed interfaith marriages as means for forceful conversion.
The state government appeal said the Supreme court had in the past ruled that there is no fundamental right of any person to convert another person to one’s own religion “because if a person purposely undertakes the conversion of another person to his religion, as distinguished from his effort to transmit or spread the tenets of his religion, that would impinge on the ‘freedom of conscience’ guaranteed to all the citizens of the country alike”.
“Thus the provision related to seeking prior permission for converting another person from one religion to other, as contemplated under section 5(1) of the Act…cannot be said to be affecting any of the fundamental rights in any manner…” the plea said. The state government also said the high court, thus, “erred” in not appreciating the law laid down by the apex court while upholding certain preconditions for conversion as laid down in the Orissa Freedom of Religion Rules, 1989.
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