New Delhi: In a setback to the Government Vijay Rupani, the Gujarat High Court on Thursday stayed certain parts of the anti-love jihad law associated with the Marriaba Interfaith.
The court said that the temporary command has been continued to protect people from unnecessary harassment.
Law, which was notified on June 15, was approved in the budget session recently concluded from the Gujarat Assembly and was later approved by the Governor of Acharya Devvrat.
Gujarat Freedom Law (Amendment), 2021 sentenced the conversion of forced religious or fraud through marriage.
Last month, the Gujarat chapter of Jamiat Ulema-e-Hind submitted a petition, claiming that some parts that amended from new laws were not constitutional.
On Thursday, Chairman of Judge Vikram Nath said, “We argue that further hearing levels, the severity of parts 3.4, 4A to 4C, 5, 6, and 6A will not operate only because of marriage with someone.
One religion with other religions without The strength, view or facility of fraud and marriage like that cannot be called a marriage for the purpose of repentance that violates the law.
“” The temporary command is to protect the parties who consider interfaith marriages from unnecessary harassment, “he said.
Staying at these parts effectively means that pine under this law cannot be submitted only on the basis of the wedding interpostion.
When the state advocate General Kamal Trivedi is looking for clarification, saying what if the marriage produces strong repentance, head of Nath justice, “there must be a basic element of strength or view or fraud.
Without it you will not (continue), that’s all we say in order .
“What is said by exactly 3 of the new laws of the country define what is” forced conversion “.
“No one will convert or try to change people from one religion to another using strength, or by loan or by fraud or marriage or by making someone marriage, it doesn’t have to be someone who behaves like that”.
In accordance with Part 4, people are found guilty of violating the provisions of Part 3 will face three years in prison and 50,000 fine RS.
If the victim is an underage child, a woman or from the SC or ST community, then the term prison will be four years with a fine of RS One Lakh.
Part 4A specifically deals with “weddings with violating the law” part of Section 3.
It is said “conversion with marriage or by making someone married or by helping someone to get married, will be punished by prison not less than three years, but can extend up Five years together with fine RS 2 lakh “.
In accordance with part 4B, each marriage made for the purpose of the violation of the law “will be declared Void by the family court”.
Under part 4C, institutions or organizations will be tried based on this law if they are found involved in the conversion that violates the law, as defined by section 3 of the law.
Part 5 The legal mandate that the religious priest must take previous permits from district judges to change everyone from one religion to another.
In addition, converted people also need to “send intimacy” to DM in the specified form.
In accordance with section 6, previous sanctions of DM or sub-division judges were needed to start prosecution against the defendant.
However, according to Part 6A, the proof load is on the accusation “which has caused conversions”.
(With input from PTI)