Gujarat’s Circular on Buddhism: Hindus Must Seek Permission for Conversion

Ahmedabad, April 2024 – The Gujarat government has issued a significant circular declaring Buddhism, Jainism, and Sikhism as distinct religions from Hinduism under the Gujarat Freedom of Religion Act, 2003. This directive, released on April 8 by the state’s Home Department, mandates that Hindus seeking to convert to these religions must obtain prior approval from their respective district magistrates. The move has sparked discussions, particularly among Dalit communities, who have historically embraced Buddhism during festivals like Dussehra and Ambedkar Jayanti as a means to reject caste-based discrimination.

Background and Context

The circular, signed by Deputy Secretary (Home) Vijay Badheka, addresses inconsistencies in the application of the Gujarat Freedom of Religion Act. It notes that district magistrate offices have been arbitrarily interpreting the law, often stating that conversions from Hinduism to Buddhism, Jainism, or Sikhism do not require prior permission because these religions are considered part of Hinduism under Article 25(2) of the Indian Constitution. This article guarantees the freedom to profess, practice, and propagate religion but includes an explanation that references to Hindus encompass those practicing Sikhism, Jainism, or Buddhism.

The Gujarat government’s clarification asserts that, for the purposes of the Gujarat Freedom of Religion Act, Buddhism is a separate religion. Consequently, both the person converting and the religious head facilitating the conversion must submit a prescribed form to the district magistrate at least one month prior to the event. The form requires detailed information, including the convert’s name, address, community, caste status (Scheduled Caste or Scheduled Tribe), marital status, occupation, income, reasons for conversion, and details of the conversion event, including the venue, date, and the name of the officiating dharmguru (religious head).

Impact on Dalit Communities

In Gujarat, mass conversions to Buddhism, particularly among Dalit communities, are a well-documented phenomenon, often occurring during festivals like Dussehra and Ambedkar Jayanti. These conversions are inspired by Dr. B.R. Ambedkar, the architect of India’s Constitution, who embraced Buddhism in 1956 as a rejection of the caste oppression inherent in Hinduism. Dalits, who face systemic discrimination within the Hindu caste hierarchy, view conversion to Buddhism as a path to dignity, equality, and liberation from social injustices.

For instance, in October 2023, around 400 Dalits converted to Buddhism in Ahmedabad, and in 2022, approximately 900 embraced the faith in Gir Somnath. In April 2023, nearly 50,000 Dalits and Adivasis converted to Buddhism in Gandhinagar to mark Ambedkar Jayanti, one of the largest such ceremonies in recent years. These events, often organized by groups like the Gujarat Buddhist Academy (GBA) and Swayam Sainik Dal (SSD), reflect a broader movement among Dalits to assert their identity and reject caste-based oppression.

The circular has been welcomed by some Dalit and Buddhist organizations, such as the GBA, which has long maintained that Buddhism is distinct from Hinduism. Ramesh Banker, Secretary of the GBA, told The Indian Express, “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 for conversion to Buddhism, prior permission of the district magistrate is mandatory in a prescribed format.”

However, the circular also raises concerns about bureaucratic hurdles. The requirement for prior approval could complicate the conversion process, especially for large-scale events. Some activists argue that the actual number of Buddhists in Gujarat—officially recorded as 30,483 (0.05% of the state’s population) in the 2011 Census—is significantly underreported because many converts are recorded as Hindus due to administrative errors or lack of follow-up on applications.

The Gujarat Freedom of Religion Act

Enacted in 2003 under then-Chief Minister Narendra Modi, the Gujarat Freedom of Religion Act aims to prevent religious conversions through allurement, force, misrepresentation, or fraudulent means. The law was amended in 2021 to include provisions against conversions through interfaith marriages, imposing penalties of up to 10 years in prison and fines up to ₹5 lakh. The burden of proof lies with the accused, and investigations are conducted by officers of at least deputy superintendent of police rank.

The 2021 amendment faced legal challenges, with petitioners, including Jamiat-Ulema-e-Hind and Mujahid Nafees, arguing that it violates constitutional rights to freedom of religion (Article 25), equality (Article 14), and personal liberty (Article 21). The Gujarat High Court issued a partial stay on the amendment’s provisions related to interfaith marriages, stating that such marriages do not inherently constitute forced conversion unless evidence of fraud or coercion exists. This challenge remains pending, and the Supreme Court is considering consolidating similar cases from other states.

Reactions and Implications

The circular has elicited mixed responses. Ambedkarite and Buddhist collectives, such as the SSD, view it as a step toward recognizing Buddhism’s distinct identity and streamlining the conversion process. Ashok Bauddh, an SSD volunteer, highlighted the administrative challenges faced by Dalits due to unclear guidelines, expressing optimism that the circular will ensure accurate recording of Buddhist converts in official records.

Conversely, some critics argue that the mandatory approval process could deter conversions or be misused to hinder Dalit assertions of identity. The requirement for detailed personal information and prior permission may create additional barriers, particularly for marginalized communities. Moreover, the circular’s timing, just before Ambedkar Jayanti in 2024, has been noted as significant, given the large-scale conversion events planned by groups like the SSD, which aims to convert one crore Dalits to Buddhism by 2028.

The circular also reignites debates about the constitutional status of Buddhism, Jainism, and Sikhism vis-à-vis Hinduism. While Article 25(2) includes these religions under the broader “Hindu” umbrella for social welfare and reform laws, the Gujarat government’s stance treats them as distinct for conversion purposes. This interpretation aligns with the views of Ambedkarite Buddhists, who reject the notion that Buddhism is a sect of Hinduism, a perspective sometimes promoted by Hindu nationalist groups like the Rashtriya Swayamsevak Sangh (RSS).

Broader Context

The trend of Dalit conversions to Buddhism in Gujarat is part of a larger socio-political movement. Incidents like the 2016 Una flogging, where four Dalit men were publicly attacked for skinning a dead cow, have fueled conversions as acts of protest against caste violence. The victims of the Una incident, including Vashram and Ramesh Sarvaiya, later embraced Buddhism. Similarly, in 2017, over 300 Dalits converted in Gujarat following caste-based discrimination, citing Ambedkar’s teachings as their inspiration.

The Gujarat government’s circular comes amid a broader national debate on anti-conversion laws, with states like Uttar Pradesh, Madhya Pradesh, and Uttarakhand enacting similar legislation. Critics argue that these laws, often championed by the Bharatiya Janata Party (BJP), target minority religions and restrict personal freedoms. In Gujarat, the law’s enforcement has drawn scrutiny, with only 878 of 1,838 conversion applications approved between 2011 and 2016, suggesting a stringent review process.

Conclusion

The Gujarat government’s circular marks a pivotal moment in recognizing Buddhism as a distinct religion under the state’s anti-conversion law, addressing long-standing administrative ambiguities. While welcomed by Buddhist and Dalit organizations for affirming Buddhism’s separate identity, the requirement for prior approval raises questions about accessibility and potential bureaucratic obstacles. For Dalit communities, who use conversion to Buddhism as a tool for social and political assertion, the circular could streamline processes but also impose new challenges. As Gujarat continues to witness mass conversions during festivals like Dussehra, the circular’s implementation will be closely watched by activists, scholars, and policymakers.

For more updates on cultural and religious developments, visit www.hindutone.com.

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