A circular by the home department of Gujarat on Apr 8 drew attention to the requirements for the conversion from Hinduism to Jainism, Buddhism, or Sikhism, stating that it requires a prior permission for the proselytiser (a person who executes the conversion) from the district magistrate, and the person who is converted, also needs to report the conversion to the district magistrate in a prescribed form.
The circular states that the Gujarat Freedom of Religion Act, 2003 and the Gujarat Freedom of Religion Rules, 2008, are in force in the state regarding religious conversion, and all district magistrates have been instructed to ensure strict implementation in this regard.
The circular stated that Buddhism has to be considered as a separate religion under Gujarat Freedom of Religion Act, 2003.
According to the Act, proselytisers have to obtain the prior approval of the District Magistrate in the prescribed form and according to Section-5(2) the person who converts also has to take the prescribed form, stated the circular.
However, the arbitrary interpretation has been brought to the attention of the government where some petitioners and institutions have submitted that prior approval is not necessary for adopting Buddhism from Hinduism in cases where it is proposed to seek approval by the petitioner, citing Article 25(2) of the Constitution of India, where Sikhism, Jainism, and Buddhism are included in Hinduism.
Such applications are made by stating that the Indian applicants do not need to seek permission for conversion.
“A sensitive issue like conversion is likely to result in counter-judicial litigation directed at applicants without adequate study of the legal provision,” stated the circular.
“The District Magistrate concerned shall, before replying to any petitioner for granting permission for religious conversion, thoroughly study the above statutory provisions and the time-to-time instructions of the State Government and ensure that a proper decision is taken regarding the submission of the petitioner accordingly,” directed the circular.
Henceforth, for conversion from Hinduism to Jainism, the person converting from Hinduism to Jainism has to obtain prior permission from the District Magistrate in the prescribed form and the person who executes the conversion also has to report to the district in the prescribed form.