Parts of 'Love Jihad' law can't operate: Gujarat High Court

Ahmedabad, Aug 19: Certain provisions of The Gujarat Freedom of Religion (Amendment) Act, 2021, including one that places burden of proof on the accused, cannot be allowed to stand, observed Gujarat High Court.

A division bench comprising Chief Justice Vikram Nath and Justice Biren Vaishnav said the interim order has been passed to protect people from unnecessary harassment.

"We are of the opinion that pending further hearing, rigors of section 3,4, 4a to 4c, 5, 6, and 6a shall not operate merely because the marriage is solemnised by a person of one religion with another religion without force, allurement or fraudulent means and such marriages cannot be termed as marriage for the purpose of unlawful conversion," the bench said.

"This interim order is to protect the parties which solemnised interfaith marriages from unnecessary harassment," it said.

The Gujarat Freedom of Religion (Amendment) Act, 2021, which penalises forcible or fraudulent religious conversion through marriage, was notified by the state government on June 15.

Last month, the Gujarat chapter of the Jamiat Ulema-e-Hind filed a petition saying some of the amended sections of the law were unconstitutional.