Buddhism separate religion, Hindus need to seek permission to convert, says Gujarat government

The directive emphasises the need for strict adherence to the Gujarat Freedom of Religion Act, citing instances where district magistrates misinterpreted its provisions (Image: File/IE)

The Gujarat government recently released a circular clarifying that ‘Buddhism’ is to be considered a separate religion, along with Jainism and Sikhism. Under the provisions of the Gujarat Freedom of Religion Act, 2003, any conversions from Hinduism to these religions now require prior approval from the respective district magistrate.

The circular, signed by Deputy Secretary (Home) Vijay Badheka and issued by the Home department on April 8, addresses concerns about conversions to Buddhism not following the rules. Mass conversions to Buddhism, especially among the Dalit community, have been observed annually during events coinciding with festivals like Dussehra.

The directive emphasises the need for strict adherence to the Gujarat Freedom of Religion Act, citing instances where district magistrates misinterpreted its provisions. Some offices failed to follow prescribed procedures for conversions from Hinduism to Buddhism and even entertained representations suggesting that such conversions did not require prior permission, Indian Express reported.

“In cases where applications are filed seeking prior permission, concerned offices are disposing of such applications while stating that under Article 25(2) of the Constitution, Sikhism, Jainism, and Buddhism are included within Hinduism. It further instructed the district magistrates to decide on applications for religious conversion after a detailed study of the legal provisions and by following instructions issued by the state government from time to time,” the circular read.

A senior official from the Home Department explained that the circular was issued to clear up any confusion regarding the rules for converting from Hinduism to Buddhism. Some district magistrates were misinterpreting the law, so the circular was issued to provide clarification.

In Gujarat, there’s a noticeable trend of Dalits converting to Buddhism. The Gujarat Buddhist Academy (GBA) frequently hosts such conversion events. Ramesh Banker, Secretary of GBA, welcomed the circular, stating, “We believed from the beginning that Buddhism is not a part of Hinduism, and for conversion to Buddhism, prior permission of the district magistrate is mandatory in a prescribed format. It was our demand (to issue such a clarification), which has been fulfilled.”

“In our conversion events, we have always followed the procedure, taking prior permission from the concerned district magistrate by filling up a prescribed form,” he added.

The circular seeks to simplify the conversion process by detailing the requirements for obtaining permission. It also warns against providing incorrect responses to conversion applicants, which could lead to legal disputes.

Referring to the Gujarat Freedom of Religion Act, the circular asserts Buddhism as a distinct religion. It mandates prior permission from the district magistrate for conversions from Hinduism to Buddhism/Sikhism/Jainism.

“The form has to be submitted to the district magistrate one month before the conversion event by the ‘dharmguru’ (religious head) under whom the conversion would take place. In the form, details of the person(s) to be converted are to be submitted, including name, address, community, whether they belong to Scheduled Caste or Scheduled Tribe, marital status, occupation, monthly income, the time since when he is following the religion from which he is converting, reasons for conversion, venue and date of the conversion event and the name of the dharmguru who will perform the conversion, among others. So the applicant is not required to take permission for (such) religious conversion,” the circular stated, according to The Indian Express report.

“It is possible that the replies given to applicants in sensitive subjects like religious conversion without sufficient study of legal provisions can result in judicial litigations,” it added.