 "A Buddhist temple in Galle")
The Gujarat government has released a circular clarifying the recognition of Buddhism as an independent religion. It said that conversions from Hinduism to Buddhism, Jainism, or Sikhism must receive prior approval from the relevant district magistrate in accordance with the Gujarat Freedom of Religion Act, 2003.
According to a report in The Indian Express (IE), on April 8, the Home Department issued the circular, signed by Deputy Secretary (Home) Vijay Badheka, in response to the government's observation that applications for conversion to Buddhism were not being processed according to regulations.
In Gujarat, it has been observed annually that large groups of predominantly Dalits convert to Buddhism during events organised on occasions such as Dussehra and other festivals.
The circular highlighted the observation that district magistrate offices are interpreting the Gujarat Freedom of Religion Act in an arbitrary manner. It said: "…it has come to notice that in applications seeking permission for conversion from Hinduism to Buddhism, procedures as per rules are not being followed. Moreover, sometimes, representations are being received from applicants and autonomous bodies that for religious conversion from Hinduism to Buddhism, prior permission is not required."
According to the IE report, the circular further stated, "In cases where applications are filed seeking prior permission, concerned offices are disposing such applications while stating that under Article 25(2) of the Constitution, Sikhism, Jainism and Buddhism are included within Hinduism and so the applicant is not required to take permission for (such) religious conversion. 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."
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The circular mentioned that "with reference to the Gujarat Freedom of Religion Act, Buddhism will have to be considered a separate religion". It further said that as per the Act, the person who is getting another to convert from Hinduism to Buddhism/Sikhism/Jainism will have to obtain prior permission from the district magistrate in a prescribed format. Also, the person who is converting will have to inform the district magistrate in a prescribed format. It further asked district magistrates to decide the application of religious conversion after a detailed study of the legal provisions and by following instructions issued by the state government.
A senior Home Department official said the circular has been issued as a clarification on the subject. "Some district magistrates were wrongly interpreting the Act and its rules while deciding applications of the religious conversion from Hinduism to Buddhism. Also, some district magistrates had sought guidance on the subject. So, we have issued the clarification through this circular," the official said.
Welcoming the circular, Ramesh Banker, secretary of Gujarat Buddhist Academy (GBA), said, "This circular has made it clear that Buddhism is a separate religion and it has nothing to do with Hinduism. The confusion was created by (some in the) administration while misinterpreting the law. 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."
The "dharmguru" (spiritual leader) overseeing the conversion must submit the form to the district magistrate at least one month prior to the scheduled event. This form should include details of the individuals undergoing conversion, such as their names, addresses, community affiliations, identification as Scheduled Caste (SC) or Scheduled Tribe (ST), marital status, occupation, monthly income, duration of adherence to their current religion, motivations for conversion, the planned venue and date of the conversion ceremony, and the name of the overseeing "dharmguru", among others.
Banker said that in 2023, at least 2,000 people, mainly Dalits, converted to Buddhism. As per Census 2011 data, there are 30,483 Buddhists in Gujarat — 0.05 per cent of the state's population.
According to the IE report, on October 25 last year, around 400 people converted to Buddhism in Ahmedabad. Similarly, in October 2022, around 900 people converted to Buddhism in Gir Somnath.
