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With reference to the Gujarat Freedom of Religion (Amendment) Act, 2021, consider the following statements:
1. It shift the burden of proof of a lawful religious conversion from the converted to his/her partner.
2. It prescribe different jail terms based on gender.
Which of the statements given above is/are correct?
  • a)
    1 only
  • b)
    2 only
  • c)
    Both 1 and 2
  • d)
    Neither 1 nor 2
Correct answer is option 'C'. Can you explain this answer?
Verified Answer
With reference to the Gujarat Freedom of Religion (Amendment) Act, 202...
The Gujarat High Court this week stayed key provisions of The Gujarat Freedom of Religion (Amendment) Act, 2021 pertaining to marriages involving religious conversion of either of the two parties. While a larger constitutional challenge is still pending, the interim stay provides relief to interfaith couples.
  • The Gujarat Freedom of Religion (Amendment) Act, 2021 amended the 2003 Gujarat Freedom of Religion Act.
  • The laws ostensibly seek to end conversion through unlawful means, specifically prohibit any conversion for marriage, even if it is with the consent of the individual except when prior sanction is obtained from the state.
  • Apart from UP and Gujarat, Madhya Pradesh and Himachal Pradesh too, have also enacted similar laws.
  • The new anti-conversion laws
    • shift the burden of proof of a lawful religious conversion from the converted to his/her partner;
    • define “allurement” for religious conversion in vague, over-broad terms;
    • prescribe different jail terms based on gender; and
    • legitimate the intrusion of family and the society at large to oppose inter-faith marriages.
  • They also give powers to the state to conduct a police inquiry to verify the intentions of the parties to convert for the purposes of marriage.
Hence both statements are correct.
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With reference to the Gujarat Freedom of Religion (Amendment) Act, 2021, consider the following statements:1. It shift the burden of proof of a lawful religious conversion from the converted to his/her partner.2. It prescribe different jail terms based on gender.Which of the statements given above is/are correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'C'. Can you explain this answer?
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