Ahmedabad: Gujarat High Court on Thursday Stay six provisions amended in anti-conversion law which includes interfaith marriages, known as “anti-love jihad law”.
The court clarified that the diamitemement part would not apply in the case of inter-religious marriages, which took place without strength, loans or meaningful cheating.
Staying the part amended in the Law of Freedom Gujarat (Amendment), 2021, the Chairman of the Chief Judge Vikram Nath and Justice Biren Vaishnav, “The temporary command is to protect the parties from the interfaith marriage because it does not need to be harassed.” Still on these parts effectively means that pine under this law cannot be submitted only on the basis of interfaith marriage.
“We argue that waiting for further hearing, the severity of parts 3.4, 4A to 4C, 5, 6, and 6A will not operate only because the marriage is stated by someone from one religion with other religions without strength, view or meaning fraud and marriage As it cannot be called a marriage for the purpose of repentance that violates the law, “said the court.
Advocate General Kamal Trivedi, looking for clarification, asking whether changed legal provisions will apply if Interfaith oversees strong repentance results.
For this, CJ Vikram Nath said that the provisions cannot be applied if there is no power or view involved in the conversion.
Gujarat Law of Freedom of Religion (Amendment), 2021, who sentenced the conversion of forced religion or fraud through marriage, was notified by the state government of the state on June 15.
According to the conversion of religious freedom (2003) Gujarat (2003) or any means of fraud.
“Is a violation that can be punished.
This clause is replaced with” or by fraud or marriage or by making someone married or by helping someone to get married “in the amendment action of 2021.
The amendment was challenged by Jamiat Ulema-e-Hind and an Mujahid activist Nafees by considering them to violate various constitutional provisions, including Article 25.
Petitions submitted through Advoker Mohammed Isa Hakim and Senior Advice Mibir Joshi argues that these provisions are encroachment on the rights of citizens for privacy in his marriage decision.
They argue that the law effectively provides marriage Interfaith illegal, unless the permission is sought from competent authority.
During the audience, the court repeatedly questioned the government whether it intends to ban marriage between times because it is a matter of personal choice.
The court is also worried about the government’s efforts to shift the burden of the bill Uktian on the accuser that after staying, someone had to go to prison and then had to prove that the marriage had occurred without coercion.
This is because the law changed gives relatives for victims to file complaints.
Jamiat Gujarat Ulama, in a media statement, said that with HC lived, pine under this law could not be submitted until the elements of the style or view were not proven conversion after the wedding interface.
Following amendments in the law, three FIR has been registered until now.
In one case, the woman, after filing a complaint against her husband and in-laws, had approached HC because it canceled the shootout.