Stay on operation of section 5 of “anti Love – Jihad” Act: Gujarat govt to challenge HC order in Supreme Court
August 27, 2021
Gandhinagar: Gujarat government will challenge the order of Gujarat high court staying the execution of certain sections of “Gujarat freedom of Religion (Amendment) Act”, popularly known as the anti-love jihad act, in the Supreme Court.
Minister of State for law Pradipsinh Jadeja said in a statement, “Gujarat freedom of Religion (Amendment) Bill was passed in Gujarat legislative assembly with the aim of protecting the women and girls. Several opponents had filed a petition in high court after misinterpreting the law and the High Court had issued a stay order against operation of certain sections. The Gujarat Government will challenge this stay order in the Supreme Court.”
Gujarat High Court had issued a stay on section 3, 4, 4A, 4B, 4C, 5, 6 and 6A of Gujarat Freedom of Religion (Amendment) Act and ordered that these sections shall not operate if interfaith marriages are solemnised without force, allurement or fraudulent means on 19th August. The High Court had rejected the state government’s appeal to vacate its stay order. The High Court also rejected the state government’s plea seeking rectification of its recent order staying the operation of Section 5 of this law.
The minister said, section – 5 of this law is its heart and its provision had been kept intact in amended law. It has provision that when some person, religious guru or maulvi (Muslim cleric) wish to convert someone, he/she would mandatorily require to take prior approval of magistrate. A person who is converted mandatorily requires to inform the district magistrate. In breach of these provisions, guilty person may attract upto one year imprisonment and fine. DeshGujarat
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