Ahmedabad: In setbacks for the state government, the 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.
Live a part of the amended part of the Gujarat Law of religious freedom (amendment), 2021, Chairman of the Chief Judge Vikram Nath and Justice Biren Vaishnav, “The temporary command is to protect the parties from the marriage interface because they do not need to be harassed”.
The court said the temporary commandment and stated, “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 of a marriage with someone a religion with someone from other religions without strength, Looks or fraudulent means and such marriage cannot be called a marriage for the purpose of replacing the law.
“Still in these parts effectively means that pine under this law cannot be submitted only on the basis of interfaith marriage.
Advocate General Kamal Trivedi requested clarification whether the modified legal provisions will apply if Interfaith oversees the results of repentance.
For this, CJ Nath said that the provisions cannot be applied if there is no power or view involved in the conversion.
The actions of Gujarat Freedom of Religion (Amendment), in 2021, who sentenced the conversion of forced religion or fraud through marriage, was notified by the state government on June 15.
A similar law has also been put in place by the BJP government in Madhya Pradesh and Uttar Pradesh.
According to the conversion of religious freedom (2003) Gujarat, “or all means fraud” is a violation that can be punished.
This clause is replaced with “or by fraud or marriage or by making someone marriage or by helping someone to get married” in the amendment action of 2021.
Amendment Gujarat was challenged by Jamiat Ulema-e-Hind and an activist Mujahid Nafees by extending those who violated various The provisions of the Constitution include Article 25.
The petition was submitted through Advoker Mohammed Isa Hakim and senior advice Mihir Joshi argued that the provisions were condemning.
In the right of citizens for privacy in his wedding decision.
They argue that the law effectively provides an illegal marriage between illegal, unless the permit is sought from competent authority.
During the audience, the court repeatedly questioned the government whether it intends to ban the marriage between times because it is a matter of personal choice.
The court was also worried about the government’s efforts to shift the burden of evidence about the defendant that after Lodge FIR, someone had to go to jail and then he 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.
Until now, three fir has been registered after amendments to the law.
In one case, the woman, after filing a complaint against her husband and in-laws, had approached HC because it canceled the shootout.