A division bench of Gujarat high court comprising justice M S Shah and Justice Akil Kureshi has issued notice to the state government while admitting a petition challenging the constitutional validity of the Gujarat Freedom of Religion Act of 2003 and Rules of 2008.

The state government had enacted the act, which made prior permission of district magistrate mandatory before performing any ceremony of conversion or participating in such ceremony and requiring any person converted to give intimation to the district magistrate. The act came into force in 2008.

Gujarat United Christian Forum for Human Rights has challenged the act and rules on the ground of violation of the fundamental right of freedom of conscience and freedom to profess, practise and propagate religion under Article 25 of the Constitution.

Senior counsel Girish Patel and Shalin Mehta contended in the petition: "The state under the Constitution cannot intervene in any case of free and voluntary conversion from one religion to another for granting or refusing permission."

They further submitted: "Conceding that the act may prohibit any conversion by force or fraud or allurement, it was contended that in the name of public order likely to be disturbed by forcible or fraudulent conversion, the state cannot regulate or control the free exercise of the freedom of conscience and religion."

DNA Correspondent/ DNA-Daily News & Analysis Source: 3D Syndication