A circular issued by the Gujarat Home Department says Hindus aiming to convert to Buddhism, Sikhism, or Jainism must pursue permission from the district judge under the Gujarat Freedom of Religion Act, 2003.
In a recent circular dated April 8, the Gujarat government delineated Buddhism, Sikhism, and Jainism as distinct religions from Hinduism.
Consequently, individuals seeking to convert from Hinduism to any of these three faiths must obtain prior permission from the concerned district magistrate under the Gujarat Freedom of Religion Act, 2003.
Background and Rationale
The circular, issued by the Gujarat Home department and signed by Deputy Secretary Vijay Badheka, was prompted by discrepancies in the processing of conversion applications, particularly those related to Buddhism. Notably, a significant number of Dalit Hindus in Gujarat undergo mass conversions to Buddhism annually.
Concerns and Observations
The Home Ministry observed that district magistrate offices were inconsistently interpreting the Gujarat Religion Act, leading to ambiguities in handling conversion requests.
Instances were noted where applications for prior conversion permission were disregarded, citing constitutional provisions equating Sikhism, Jainism, and Buddhism with Hinduism under Article 25(2).
Legal Clarifications and Precautions
The circular emphasized the necessity of adhering to prescribed procedures to avoid potential legal ramifications. It cautioned against hasty responses on sensitive matters like religious conversions without a thorough understanding of legal provisions, which could result in judicial disputes.
Enforcement of Regulations
Under the Gujarat Freedom of Religion Act, 2003, individuals initiating or undergoing conversions from Hinduism to Buddhism, Sikhism, or Jainism are mandated to obtain prior approval from the district magistrate. The circular underscores the importance of following the prescribed format for seeking permission.
Conclusion
The Gujarat government’s circular seeks to streamline the process of religious conversions, ensuring compliance with legal requirements and avoiding misinterpretations of constitutional provisions.
By delineating Buddhism, Sikhism, and Jainism as separate religions, the government aims to uphold clarity and consistency in the handling of conversion applications, thereby safeguarding individual rights and legal integrity.
