LexThe Gujarat Freedom of Religion Act, 2003
Gujarat · state statute
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GOVERNMENT OF GUJARAT
LEGISLATIVE AND PARLIAMENTARY
AFFAIRS DEPARTMENT
THE GUJARAT FREEDOM OF RELIGION ACT,
2003.
(GUJARAT ACT NO.22 OF 2003)
[As modified upto 30th November, 2021]
[2021]
GOVERNMENT OF GUJARAT
LEGISLATIVE AND PARLIAMENTARY
AFFAIRS DEPARTMENT
THE GUJARAT FREEDOM OF RELIGION ACT,
2003.
(GUJARAT ACT NO.22 OF 2003)
[As modified upto 30th November, 2021]
[2021]
G.C.P.G.-H-204-0-10-2021-SIS-10
2003 : Guj.22] The Gujarat Freedom of Religion Act, 2003.
CONTENTS
PREAMBLE
Sections.
PAGE
NO.
1. Short title and Commencement. 1
2. Definitions. 1
3. Prohibition of forcible conversion. 1
3A. Lodging of complaint. 2
4. Punishment for contravention of provisions of section 3. 2
4A. Punishment for contravention of provisions of section 3 in
case of marriage by unlawful conversion.
2
4B. Marriage by unlawful conversion. 2
4C. Offences by Institution or Organization. 2
5. Prior Permission to be taken from District Magistrate with
respect to conversion.
3
6. Prosecution to be made with the sanction of District
Magistrate.
3
6A. Burden of proof. 3
7. Offences to be cognizable and non-bailable 3
8. Power to make rules. 3
2003 : Guj.22] The Gujarat Freedom of Religion Act, 2003 1
GUJARAT ACT NO. 22 OF 2003
The Gujarat Freedom of Religion Act, 2003*1
[8th April, 2003.]
Amended by Guj.17 of 2021.
AN ACT
to provide for freedom of religion by prohibition of conversion from one
religion to another by the use of force or allurement or by
fraudulent means and for the matters incidental thereto.
It is hereby enacted in the Fifty -fourth Year of the Republic of India as
follows:
1. (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, Pa rt 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 ch arged 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.
4C. (1) If an institution or an organization contravenes the provision of
section 3, every person who, at the time the offence was committed, was in charge
of, and was responsible to, such institution or organization shal l be punished with
imprisonment which shall not be less than three years but which may extend to ten
years and shall also be liable to fine upto five lakh rupees.
1. Section 3A was inserted by Guj. 17 of 2021, s.4.
2. Section 4 was renumbered as sub-section(1) of that section, ibid., s.5.
3. Sub-section(2) was added, ibid.
4. Sections 4A to 4C were inserted, ibid., s.6.
Lodging of
complaint.
Punishment for
contravention of
provisions of
section 3.
Punishment for
contravention of
provisions of
section 3 in case
of marriage by
unlawful
conversion.
Marriage by
unlawful
conversion.
Offences by
Institution or
Organization.
2003: Guj. 22] The Gujarat Freedom of Religion Act, 2003 3
(2) From the date of filing a charge sheet, such institution or the organization
shall not be entitled to any grant provided by the State Government.]
5. (1) Whoever conve rts any person from one religion to another either by
performing any ceremony by himself for such conversion as a religious priest or
takes part directly or indirectly in such ceremony shall take prior permission for
such proposed conversion from the Distr ict Magistrate concerned by applying in
such form as may be prescribed by rules.
(2) The person who is converted shall send an intimation to the District
Magistrate of the District concerned in which the ceremony has taken place of the
fact of such conversion within such period and in such form as may be prescribed
by rules.
(3) Whoever fails, without sufficient cause, to comply with the provisions of
sub-sections (1) and (2) shall be punished with imprisonment for a term, which may
extend to one yea r or with fine which may extend to rupees one thousand or with
both.
6. No prosecution for an offence under this Act shall be instituted except by
or with the previous sanction of the District Magistrate or such other authority not
below the rank of a Sub-Divisional Magistrate as may be authorised by him in that
behalf.
1[6A. The burden of proof as to whether a religious conversion was not
effected through misrepresentation, force, undue influence, coercion, allurement or
by any fraudulent means or by marriage shall lie on the person who has caused the
conversion and, where such conversion has been facilitated by any person by act,
omission, aid, abetment or counselling, on such other person.]
2[7. Notwithstanding anything contained in the Code of Criminal Procedure,
1973, the offences under this Act shall be cognizable and non-bailable and shall not
be investigated by an officer below the rank of a Deputy Superintendent of Police.]
8. (1) The State Government may, by notification in the Official Gazette,
make rules for carrying out the provisions of this Act.
(2) All rules made under this section shall be laid for not less than thirty days
before the State Legislature as soon as may be after they are made, and shall be
subject to rescission by the State Legislature or to such modifications as the State
Legislature may make during the session in which they are so laid or the session
immediately following.
(3) Any rescission or modification so made by the State Legislature shall be
published in the Official Gazette, and shall thereupon take effect.
1. Section 6A was inserted by Guj. 17 of 2021, s.7
2. Section 7 was substituted, ibid., s.8.
----------
Prior permission
to be taken from
District
Magistrate with
respect to
conversion.
Prosecution to be
made with the
sanction of
District
Magistrate.
Burden of
proof.
Offences to be
cognizable and
non-bailable.
Power to make
rules.
2 of 1974.