Legal Status of Jainism As A Distinct Religion in India - "Freedom of Religion Bill" Controversy in Gujarat

"Freedom of Religion Bill" Controversy in Gujarat

The Freedom of Religion Bill was a controversial bill passed by the Gujarat state assembly. The bill was passed in 2003. An amendment to the bill was passed on September 19, 2006 which banned the forced conversion from one religion to another. The Anti-Conversion Act passed earlier was not clear on what forced conversion meant and to whom should it apply. Under the amendment Bill, a person need not seek permission in case he/she is converting from one sect to another of the same religion. It clubbed Jainism and Buddhism as denominations of Hinduism, like Shia and Sunnis are of Islam or Catholicism and Protestantism of Christianity. The move evoked strong protests from the state's Jain, Buddhist and Christian communities. The National commission for minorities also criticised the Gujarat Assembly's decision to club Jainism and Buddhism with Hinduism terming it to be in contravention of its October 23, 1993, notification classifying Buddhists as a “minority community.”

Ultimately on 31 July 2007, finding it not in conformity with the concept of freedom of religion as embodied in Article 25 (1) of the Constitution, Governor Nawal Kishore Sharma returned back the Gujarat Freedom of Religion (Amendment) Bill, 2006. The Governor held that Jainism and Buddhism are recognised as religions rather than denominations of Hinduism, something that the Amendment Bill sought to wrongly convey. A press release issued by Raj Bhavan, said “the proposed amendment would amount to withdrawing the protection against forceful or inappropriate religious conversions, particularly in case of Jains and Buddhists”. The release cited large scale protests from different religious and social organisations, especially from the Jain and Christian communities, in indicating toward the unacceptability of the proposed amendment.