Gujarat HC restores Christian marriage registrar's license

In what may have wide ranging ramifications, the Gujarat High Court restored the marriage license of a Christian that was cancelled by the state government, invoking the Freedom of Religion Act 2003.

The state chapter of the All India Christian Council (aicc) assisted the petitioner, Subashchandra Parmar of Nadiad, Kheda District, in his legal battle against the order of the Gujarat government, through its law secretary.

The petitioner, Subashchandra Parmar, was appointed as Marriage Registrar in 1999 by the government as a licensee under the Indian Christian Marriage (ICM) Act 1872.

In discharge of his duty, in 2009 he performed the marriage ceremony between a Christian, Pinakin Macwan and Vishrutiben Shukla, in the presence of Kailashben Shukla, the girl's mother who signed the registrar as witness.

Vishruti was married to the Christian having not changed her faith nor having converted to Christianity, as is permitted under Section 4 of the ICM Act.

After more than a year of the marriage being solemnized, in October 2010, Anilkumar Sukhla, under rather mysterious circumstances, approached the government to declare the marriage as null and void, as the girl had not converted. He claimed this was required under the infamous Freedom of Religion Act 2003, which seeks to "regulate" conversions.

In 2011, the government not only cancelled Subashchandra Parmar's license to conduct marriages, but also launched criminal proceedings against him.

On Monday, aicc welcome the High Court's judgement and said it implied that Christians can get married with persons of their choice, without faith restrictions.

"The draconian anti-conversion law in Gujarat is even more persecuting, compared to the other six states, where such legislation curbing religious liberty, have been passed. Unlike in other states, in Gujarat, under the Freedom of Religion Act 2003, one has to give a month's notice and seek permission to convert from one faith to another," said Samson Christian, aicc national secretary.

He added, "Our experience has shown that the moment an application is made, Hindutva forces come down heavily on the person and the family concerned, forcing them to reconsider their decision or face the consequences."

Justice Brahmbhatt, in his order, noted that the government should have made proper investigations before cancelling the license.

There was also no proof that Vishrutiben Shukla was converted against her will. Further, the judge noted that the show cause notice by the government was without jurisdiction and also without proper application of mind by the concerned authority.