Ahmedabad, April 2024 – The Gujarat government has issued a landmark circular classifying Buddhism, Jainism, and Sikhism as distinct religions from Hinduism under the Gujarat Freedom of Religion Act, 2003. Released on April 8 by the Home Department, the directive mandates that Hindus intending to convert to these faiths must secure prior approval from their district magistrates. This decision has significant implications for Dalit communities, who frequently embrace Buddhism during festivals like Dussehra and Ambedkar Jayanti to assert their identity and reject caste-based discrimination.

Context and Clarification

The circular, issued by Deputy Secretary (Home) Vijay Badheka, seeks to resolve inconsistencies in the application of the Gujarat Freedom of Religion Act. Previously, some district magistrate offices interpreted Buddhism, Jainism, and Sikhism as part of Hinduism under Article 25(2) of the Indian Constitution, which includes these faiths within the “Hindu” framework for social welfare purposes, thus not requiring prior permission for conversions. The new directive explicitly states that Buddhism is a separate religion under the Act, requiring both the individual converting and the religious head facilitating the conversion to submit a detailed application to the district magistrate at least one month in advance. The application must include the convert’s personal details (name, address, community, caste status, marital status, occupation, income), reasons for conversion, and specifics of the conversion event (venue, date, and officiating dharmguru).

Significance for Dalit Communities

In Gujarat, mass conversions to Buddhism, particularly among Dalits, are a powerful act of resistance against caste oppression, inspired by Dr. B.R. Ambedkar’s 1956 conversion to Buddhism as a rejection of the Hindu caste system. Events like Dussehra and Ambedkar Jayanti often see large-scale conversions, with notable instances including 400 Dalits converting in Ahmedabad in October 2023, 900 in Gir Somnath in 2022, and nearly 50,000 in Gandhinagar during Ambedkar Jayanti 2023. Organized by groups like the Gujarat Buddhist Academy (GBA) and Swayam Sainik Dal (SSD), these conversions symbolize a quest for dignity and equality.

The circular has been met with approval from some Dalit and Buddhist organizations. Ramesh Banker of the GBA told The Indian Express, “This circular clarifies that Buddhism is a distinct religion, separate from Hinduism. It corrects misinterpretations by some administrative officials.” However, concerns persist about potential bureaucratic obstacles, as the mandatory approval process could complicate large-scale conversion events, particularly for marginalized communities.

The Gujarat Freedom of Religion Act

Introduced in 2003 under then-Chief Minister Narendra Modi, the Gujarat Freedom of Religion Act aims to curb conversions through force, fraud, or allurement. The 2021 amendment tightened restrictions, targeting conversions via interfaith marriages with penalties of up to 10 years in prison and fines up to ₹5 lakh. The law places the burden of proof on the accused, and investigations are conducted by senior police officials. Legal challenges to the amendment, led by groups like Jamiat-Ulema-e-Hind, argue that it infringes on constitutional rights to freedom of religion (Article 25), equality (Article 14), and personal liberty (Article 21). The Gujarat High Court partially stayed provisions related to interfaith marriages, noting that such unions do not inherently imply forced conversion unless coercion is proven. The case awaits further resolution, with similar laws under scrutiny nationwide.

Community Reactions and Challenges

The circular has sparked varied responses. Ambedkarite groups like the SSD see it as a step toward recognizing Buddhism’s distinct identity, potentially ensuring accurate documentation of converts. Ashok Bauddh of SSD noted that unclear guidelines previously led to administrative errors, with many Buddhists recorded as Hindus. The circular could address this issue but introduces new requirements that may deter conversions or be misused to delay approvals. The detailed application process, requiring personal and event-specific information, could pose challenges for Dalit communities organizing mass conversions.

The circular’s timing, ahead of Ambedkar Jayanti 2024, is significant, as organizations like the SSD plan large-scale conversion drives, with a long-term goal of converting one crore Dalits by 2028. The directive also reignites debates about the constitutional status of Buddhism, Jainism, and Sikhism, which are included under “Hindu” in Article 25(2) but treated as separate for conversion purposes in Gujarat, aligning with Ambedkarite views that reject Buddhism’s subsumption within Hinduism.

Broader Implications

The circular reflects Gujarat’s history of Dalit conversions as acts of social protest, amplified by events like the 2016 Una flogging, where Dalit men were attacked for cow skinning, prompting conversions by victims like Vashram and Ramesh Sarvaiya. In 2017, over 300 Dalits converted following caste-based discrimination. The state’s stringent anti-conversion law, with only 878 of 1,838 applications approved between 2011 and 2016, underscores a rigorous vetting process that may intensify under the new circular.

Nationally, similar anti-conversion laws in states like Uttar Pradesh and Madhya Pradesh have fueled debates about religious freedom and state overreach. Critics argue that such laws disproportionately target minority religions and restrict personal choices, while supporters claim they protect vulnerable communities from coerced conversions.

Conclusion

The Gujarat government’s circular marks a pivotal shift in recognizing Buddhism as a distinct religion under the state’s anti-conversion framework, addressing administrative ambiguities but introducing new procedural requirements. For Dalit communities, who view conversion to Buddhism as a path to social liberation, the circular offers clarity but also potential challenges. As Gujarat witnesses growing conversion movements during festivals like Dussehra, the circular’s implementation will shape the intersection of religious identity, caste dynamics, and state policy.

For more insights on cultural and religious developments, visit www.bharattone.com.