High Court stays provisions of Interfaith Marriage Act

The Gujarat high court has stayed the operation of sections of the state's anti-conversion law. Passing an interim order on Thursday, the HC said that unless there was evidence of fraud, force or allurement, interfaith marriages will not attract harsh provisions of the Gujarat Freedom of Religion (Amendment) Act, 2021.

A division bench of chief justice Vikram Nath and justice Biren Vaishnav said that the rigours of Sections 3, 4, 4A to 4C, 5, 6, 6A of the amended act shall not operate merely because the marriage was between persons of two different religions. Without force or allurement or fraud, such marriages cannot be termed as marriages for purpose of unlawful conversion, the HC said in its interim order.

The bench comprising Chief Justice Vikram Nath and Justice Biren Vaishnav said the interim order has been passed to protect people from unnecessary harassment. Legal experts and social activists welcomed the interim stay saying the “entire law is against the spirit of the Constitution” and liberty of citizens to choose their religion.


When state Advocate General Kamal Trivedi sought a clarification, saying what if a marriage results in forceful conversion, Nath said, “there has to be a basic element of force or allurement or fraud. Without that you will not (proceed), that's all we have said in the order.” Section 3 of the state's new law defines what is “forcible conversion”.

The HC also stayed the section which says, “the burden of proof as to whether a religious conversion was not effected through misrepresentation, force, undue influence, coercion, allurement or by any fraudulent means or by marriage shall lie on the person who has caused the conversion and, where such conversion has been facilitated by any person by act, omission, aid, abetment or counselling, on such other person.”