FINDING it not in conformity with the concept of freedom of religion as embodied in Article 25 (1) of the Constitution, Governor Nawal Kishore Sharma has returned the Gujarat Freedom of Religion (Amendment) Bill, 2006. The Bill was passed by the state Assembly during the monsoon session in September last year.
The governor has held that Jainism and Buddhism are recognised as religions rather than denominations of Hinduism, something that the Amendment Bill sought to convey.
The Amendment Bill — to make changes in the Gujarat Freedom of Religion Act, 2003, enacted by the Modi Government — would have excluded conversions amongst Hindus, Buddhists, and Jains from the purview of the 2003 Act, which required prior permissions from the district administration.
Elaborating the meaning of a convert, the Amendment Bill showed Buddhism and Jainism as denominations of Hindu religion, as Shias and Sunnis are of Islam, or Catholics and Protestants are for Christianity. The governor has found this objectionable, and asked the state Assembly to reconsider the change.
A press release issued by Raj Bhawan here on Tuesday, said that the proposed amendment would amount to withdrawing the protection against forceful or inappropriate religious conversions, particularly in case of the Jains and Buddhists.
The release cites largescale protests from different religious and social organisations, especially from the Jain and Christian communities, in indicating toward the unacceptability of the proposed amendment.
Delegations that met Sharma following the passage of the Bill last year, particularly objected to the inclusion of Jainism as a sect of Hinduism. The seemingly innocuous change had attracted widespread protests from the All India Digambar Jain Dharam Sanrakshini Sabha.
Sharma considered the proposed amendment in the light of these protests and visits, and has concluded that even the Supreme Court has ruled that Jainism is a “special religion” formed on the basis of quintessence of Hinduism, and not as a denomination of Hinduism.
Building on this argument, Sharma has held that the amendment would make it difficult for the state to prevent forceful conversion of Jains into Hindus, and thus goes against the spirit of Article 25 (1) of the Constitution that guarantees freedom of religion. The press release says that it impairs the freedom of conscience, and protection against forced or fraudulent conversions.
A section opposed to the Bill had found it to be part of the larger design of the Sangh Parivar. “If Buddhists are treated as part of Hinduism, then all its followers in China, Japan and much of South-East Asia become Hindus,” said Girish Patel, a noted social activist.
The Modi Government seems to have been caught off guard by the Governor’s returning of the Amendment Bill on Tuesday. While officials are silent on this issue, sources informed that the issue would be discussed in the weekly cabinet, and a response is expected from the government on Wednesday.
And they said...
Amit Shah Minister of State (Home)
“We will respond only after examining the Honourable Governor's response. The department would get the reasons for return legally and administratively examined before deciding on the next step.”
Arjun Modhwadia Congress Leader of Opposition
“It's a vindication of our stand and proves malafides of this government. The Amendment was aimed at stroking confrontation in society and the Governor has upheld constitutional provisions by returning it.”
Cedric Prakash Human rights activist
“We have protested against both the original Act and the amendment. It was draconian, anti-constitutional, and went against the freedom guaranteed both by our Constitution and the universal declaration of human rights. State should not have anything do with the individual’s right to believe or even not believe, and that has been our stand."