The Gujarat High Court has stayed the implementation of certain sections of the new law made against the conversion of religion for marriage. However, the court, in its judgment, said that an FIR cannot be lodged in an inter-religious marriage case on the basis of marriage alone. Without proving that the marriage took place by force or greed, a case cannot be registered with the police.
A division bench of Chief Justice Vikram Nath and Justice Biren Vaishnav said that this interim order has been given to save people from unnecessary harassment. Chief Justice Nath said that we are of the view that till the next hearing, there will be a stay on the implementation of sections 3, 4, 4A to 4C, 5 and 6, and 6A of the Gujarat Religious Freedom (Amendment) Act, 2021 because the marriage is performed by one person. Is. If a marriage is performed by a person or a girl of one religion with a girl or a man of another religion without any force or inducement, it cannot be said to be a marriage done for the purpose of illegal conversion.
The ban on these sections means that now FIR will not be registered against anyone on the basis of inter-
religious marriage only. Under the new law, there is a ban on conversion of religion to another religion for marriage in the state, and under this, there is a provision of fine and punishment. A petition against the new law was filed last month by the Gujarat chapter of Jamiat Ulema-e-Hind, claiming that some amendments to the law were unconstitutional. It also said that the amended law has ambiguous conditions, which are against the basic principles of marriage and against the right to profess, believe and practice religion enshrined in Article 25 of the Constitution. The law was notified on June 15.
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