The Freedom of Religion Amendment Bill, 2021 has been passed by Gujarat Assembly which will modify Gujarat Freedom of Religion Act, 2003.
Key amendments:
- Insertion of new Section 3A on Lodging of Complaint:
Any aggrieved person, his parents, brother, sister or any other person related by blood, marriage or adoption may lodge a first information report with the police station having jurisdiction against the person
- Insertion of new section 4A for Punishment for contravention of provisions Section 3 in case of marriage by unlawful conversion
Notwithstanding anything contained in Section 4, whoever contravenes the provisions of Section 3, insofar as conversion by marriage or by getting a person married shall be punished with imprisonment which shall not be less than three years but which may extend to five years and shall also be liable to fine which shall not less than two lakh rupees.
- Insertion of new section 4B on Marriage by unlawful conversion
Any marriage which is done for the purpose of unlawful conversion by the person of one religion with the person of another religion, either by converting himself/herself before or after marriage shall be declared void by the Family Court or where the Family Court is not established by the Court having jurisdiction to try such cases.
- Insertion of section 6A on Burden of Proof
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.