(1) This Act may be called the Gujarat Freedom of Religion Act, 2003.
(2) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.
2. In this Act, unless the context otherwise requires, -
(a) "allurement" means offer of any temptation in the form of -
(i) any gift or gratification, either in cash or kind;
(ii) grant of any material benefit, either monetary or otherwise;
2[(iii) better lifestyle, divine blessings or otherwise;]
(b) "convert" means to make one person to renounce one religion and adopt another religion;
(c) "force" includes a show of force or a threat of injury of any kind including threat of divine displeasure or social ex-communication;
3[(d) "fraudulent means” includes misrepresentation or any fraudulent contrivance, impersonation by false name, surname, religious symbol or otherwise;]
(e) “minor” means a person under eighteen years of age.
3. No person shall convert or attempt to convert, either directly or otherwise, any person from one religion to another by use of force or by allurement 4[or by any fraudulent means or by marriage or by getting a person married or by aiding a person to get married nor] shall any person abet such conversion.
* This Act was assented by the Governor on the 7th April, 2003.
1. For Statement of objects and Reasons, see Gujarat Government Gazette Extraordinary, Part V, dated 12th March, 2003, page No. 24-4.
2. Sub-clause(iii) was added by Guj.17 of 2021, s.2(1).
3. Clause(d) was substituted, ibid., s.2(2).
4. These words were substituted for the words “or by any fraudulent means nor”, ibid., s.3.
Short title and commencement.
Definitions.
Prohibition of forcible conversion.
2 The Gujarat Freedom of Religion Act, 2003 [2003 : Guj.22 1[3A. Any aggrieved person, his parents, brother, sister or any other person related by blood, marriage or adoption may lodge a first information report with the police station having jurisdiction; against the person for an offence committed under this Act.]
4. 2[(1)] Whoever contravenes the provision of section 3 shall, without prejudice to any civil liability, be punished with imprisonment for a term, which may extend to three years and also be liable to fine, which may extend to rupees fifty thousand:
Provided that whoever contravenes the provisions of section 3 in respect of a minor, a woman or a person belonging to Scheduled Caste or Scheduled Tribe shall be punished with imprisonment for a term which may extend to four years and also be liable to fine which may extend to rupees one lakh.
3[(2) When an offence is committed under this Act, in addition to the person who actually does any act which constitutes the offence, each of the following shall be deemed to have taken part in committing the offence and shall be charged as if he has actually committed the said offence, namely:-
(a) a person who does or omits to do any act for the purpose of enabling or aiding another person to commit the offence,
(b) a person who aids, abets, counsels or convinces another person to commit the offence.]
4[4A. Notwithstanding anything contained in section 4, whoever contravenes the provisions of section 3, insofar as conversion by marriage or by getting a person married or by aiding a person to get married is concerned, shall be punished with imprisonment which shall not be less than three years but which may extend to five years and shall also be liable to fine which shall not be less than two lakh rupees:
Provided that if such contravention is done in respect of a minor, a woman or a person belonging to the Scheduled Castes or Scheduled Tribes, the person contravening such provision shall be punished with imprisonment which shall not be less than four years but which may extend to seven years and shall also be liable to fine which shall not be less than three lakh rupees.
4B. Any marriage which is done for the purpose of unlawful-conversion by the person of one religion with the person of another religion, either by converting himself/herself before or after marriage, shall be declared void by the Family Court or where the Family Court is not established, by the Court having jurisdiction to try such cases.