In a recent development, the Gujarat government has issued a circular aimed at clarifying the procedures for religious conversions, particularly from Hindu Dharma to Buddhism, Jainism, and Sikhism. This move comes in response to concerns regarding the interpretation and implementation of the Gujarat Freedom of Religion Act, 2003.
The circular, issued by the state home department on April 8, highlights the necessity for individuals seeking conversion to adhere to approved procedures and obtain prior approval from the concerned district magistrate. It underscores the distinctiveness of Buddhism as a separate religion and asserts that conversions to Buddhism, Jainism, and Sikhism require official authorisation under the provisions of the aforementioned Act.
Acknowledging discrepancies in the interpretation of the Act among district magistrate offices, the circular urges a consistent and thorough review of conversion applications. It warns against potential legal complications arising from a lack of understanding of the laws governing religious conversions and stresses the importance of adherence to established procedures.
Quoting the circular, it states, “…it has come to notice that in applications seeking permission for conversion from Hinduism to Buddhism, procedure as per rules are not being followed…”. It further adds, “…replies given to applicants in the sensitive subject like religious conversion without sufficient study of legal provisions can result in judicial litigations.”
A senior official from the Home Department clarified that the circular aims to address misunderstandings and inconsistencies in the application of the Act by certain district magistrates. The official explained, “Some district magistrates were wrongly interpreting the Act and its rules while deciding applications of the religious conversion from Hinduism to Buddhism…”.
“It is possible that the replies given to applicants in sensitive subject like religious conversion without sufficient study of legal provisions can result in judicial litigations,” it added.
The circular mentioned that “with reference to Gujarat Freedom of Religion Act, Buddhism will have to be considered a separate religion”.
Ramesh Banker, Secretary of the Gujarat Buddhist Academy (GBA), welcomed the clarification, affirming that Buddhism is indeed a distinct religion separate from Hindu Dharma. He emphasised that the GBA has consistently followed established procedures for conversions.
Secretary of GBA, Ramesh Banker, welcomed the circular. “This circular has made it clear that Buddhism is a separate religion and it has nothing to do with Hinduism. The confusion was created by (some in the) administration while misinterpreting the law. We believed from the beginning that Buddhism is not a part of Hinduism and for conversion to Buddhism, prior permission of the district magistrate is mandatory in a prescribed format. It was our demand (to issue such a clarification), which has been fulfilled.”
The issuance of this circular marks a significant step towards clarifying and standardising procedures for religious conversions in Gujarat. It aims to ensure compliance with legal requirements and prevent potential disputes arising from conflicting interpretations of the law.
The circular references previous instances of mass conversions, such as the conversion of around 400 individuals to Buddhism in Ahmedabad on October 25, of the previous year and approximately 900 people in Gir Somnath in October 2022.
The Gujarat government’s proactive approach in issuing this circular underscores its commitment to upholding the rule of law and promoting clarity in matters of religious freedom and expression. By emphasising the distinctiveness of Buddhism and clarifying the procedures for religious conversions, the government seeks to foster a more transparent and legally compliant process for individuals seeking to embrace alternative faiths.
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