More than 18 months after the Gujarat Assembly passed the controversial Freedom of Religion Act to curb forcible conversions, the law is yet to be implemented. This legislation had got top priority in the ruling BJP’s election manifesto during the December 2002 Assembly polls.
The Freedom of Religion Bill 2003, ratified by the Governor in April 2003, makes it mandatory for anyone wanting to convert from one religion to another to get prior permission from a district magistrate. The law, purportedly aiming at protecting religious freedom, also provides for three-year prison terms and fines of Rs 50,000 for anybody found conducting or undergoing religious conversion under force, fear, greed or allurement.
The official reason cited by the State Home Department for the law not coming into force yet is that ‘‘clear, legally tenable rules’’ to implement it are yet to be framed. It was the Home Department that had moved this Bill after reportedly finding from intelligence reports that forced conversions were taking place across the State.
‘‘Framing of clear, legally tenable rules had become necessary to dispel ambiguities in the powers to be vested in the district magistrates for dealing with cases of alleged forced conversions. The new rules are still incomplete and there’re differences of opinion on several points, such as the contents in the application form to be used by people wishing to convert,’’ said a top Home (Intelligence) Department official requesting anonymity.
Government spokesman and Health Minister I K Jadeja, when contacted, said the ‘‘process of framing rules’’ was going on. He couldn’t say for sure who were framing the rules. ‘‘It must be the Law Department officials. I’ll have to find out to tell you,’’ said Jadeja.
Home Secretary K Nityanandam and Law Secretary Bela Trivedi said they had ‘‘no idea at all’’ about this law.
Joint Secretary (Home) A S Patel said a committee of officials from the Home, Police and Law departments was formed to frame the rules a couple of months after the Bill was passed. ‘‘Files concerning this Act have been with the minister,’’ said Patel.
But Home Minister Amit Shah said the files were in the Law Ministry. ‘‘My department has finished framing necessary rules to clarify some major points. The files are in the Law Ministry,’’ said Shah.
But Law Secretary Trivedi said no such files were in her department. ‘‘No files pertaining to this Act are in my department now,’’ she said. Law Minister Ashok Bhatt said: ‘‘The files are with Home Minister Shah.’’
Meanwhile, the VHP is learnt to be pressing for the law’s early implementation. ‘‘Although reports are not coming, forced conversions are continuing unabated in many districts. This law is extremely necessary to stop it. We’re discussing these matters at the Vadtal convention,’’ said a top VHP leader from Gujarat.