TNN

Ahmedabad, Feb 27: The controversy regarding anti-conversion law in state has ultimately reached court, as the archbishop of Gandhinagar, Rev Stanislaus 
Fernandes, and some NGOs have filed a petition in Gujarat High Court challenging certain provisions of the Gujarat Freedom of Religion Act.

A division Bench of Justice MS Shah and Justice Akil Kureshi admitted the case and issued a notice to Advocate General seeking explanations on objections raised by the petitioners.

Appearing for petitioners, senior counsel Girish Patel claimed provisions of 2003 Act as well as rules amended in 2008 are constitutionally not valid. He contended that compulsion of obtaining prior permission of a district magistrate before performing any ceremony of conversion or participation in such ceremony directly violates fundamental right of freedom of conscience and freedom to profess, practice and propagate religion under Article 25 of the Constitution.

Patel argued that a secular state cannot intervene in any case of free and voluntary conversion from one religion to another for granting or refusing permission. A state cannot regulate or control free exercise of religion on pretext of prohibiting conversion done by force or allurement.

Counsel pointed out that basic distinction between Gujarat Act and Orissa and Madhya Pradesh Act is in respect of requirement of prior permission. He told court that Apex court in 1977 upheld the validity of Orissa and MP's Acts.

The Act by making one's conversion a matter of public notice and knowledge really aims at facilitating and encouraging the religious fanatics to take law into their hands to prevent even free and voluntary conversion. In the name of maintaining law and order, the Act will invite people to disturb law and order, the counsel contended adding that the Act mainly aims at preventing the dalits and adivasis from converting to another religion, thereby forcing them to remain in the Hindu fold.