Several Buddhist groups organise mass conversions for Dalits inspired by Dr BR Ambedkar.

Hindus in Gujarat who wish to convert to Buddhism, Jainism and Sikhism will need to seek their district magistrate’s prior approval under provisions of the Gujarat Freedom of Religion Act, the state home department said in a circular on Monday, reported The Indian Express on Thursday.

This circular stressed the distinctiveness of Buddhism, Jainism, and Sikhism from Hinduism under the Act. It stated that district magistrates were not adhering to the Act by failing to process applications for conversion to Buddhism.

“Representations are being received from applicants and autonomous bodies that for religious conversion from Hinduism to Buddhism, prior permission is not required,” read the circular, signed by Deputy Secretary (Home) Vijay Badheka, according to The Indian Express.

Badheka clarified that certain officers were erroneously rejecting applications under the assumption that “under Article 25(2) of the Constitution, Sikhism, Jainism, and Buddhism were subsumed within Hinduism, therefore, the applicant is not required to take permission” for such conversions.

To avoid potential legal disputes, the circular underlined the necessity of prior permission from the district magistrate for individuals facilitating conversions from Hinduism to Buddhism/Sikhism/Jainism, as mandated by the Gujarat Freedom of Religion Act.

District magistrates were also instructed to thoroughly review conversion applications in accordance with relevant legal provisions and state government directives.

The backdrop of these regulatory changes is the increasing trend of mass conversion events in Gujarat, particularly among Dalit communities. The Indian Express reported numerous instances, including a significant conversion event in October, where nearly 400 Hindus embraced Buddhism, and another event in April 2023, where approximately 50,000 Dalits and tribals converted to Buddhism to commemorate Dr BR Ambedkar”s birth anniversary. Dr  Ambedkar was the architect of the Indian Constitution and an anti-caste leader.

Ramesh Banker, the secretary of the Gujarat Buddhist Academy, commended the government”s directive, viewing it as confirmation of Buddhism”s distinct identity apart from Hinduism.

“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,” Banker said. “It was our demand [that such a clarification be issued], which has been fulfilled. In our conversion events, we have always followed procedure.”

The Act in question was implemented by the government to address concerns regarding religious conversions facilitated by methods like inducement, coercion, misrepresentation, or other fraudulent tactics. In a 2021 amendment, the Act was modified to expressly prohibit forced religious conversions through marriage.

Under this Act, severe penalties are imposed on violators, including imprisonment for up to 10 years and fines up to Rs 5 lakh. Notably, the burden of proof lies with the accused, and investigations are to be conducted by officers of the rank of deputy superintendent of police or higher. However, the amended Act is currently under legal scrutiny, with its validity being challenged in the Gujarat High Court.