HT Digital
Friday, October 4: In a significant legal development, the Gauhati High Court has directed the Arunachal Pradesh government to finalize the draft rules under Section 8 of the Arunachal Pradesh Freedom of Religion Act, 1978, within six months. This directive came from a division bench comprising Justice Kardak Ete and Justice Budi Habung, during a hearing at the Itanagar bench. The case stemmed from a public interest litigation (PIL) that raised concerns over the government’s prolonged delay in framing the necessary rules as required by the Act, despite the law having been enacted 45 years ago.
The Freedom of Religion Act, 1978, was introduced with the objective of prohibiting conversions from one religious faith to another by means of force, inducement, or fraudulent methods. The purpose behind the Act is to protect individuals from being coerced or deceived into changing their religion. Section 4 of the Act specifically outlines punitive measures for those found guilty of such actions. It stipulates imprisonment for up to two years, along with a fine of up to ₹10,000, for any person who converts or attempts to convert someone through coercion, inducement, or fraud. Additionally, the same penalties apply to anyone abetting such conversions.
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However, despite the stringent provisions of the Act, its effective implementation has been hindered by the absence of formal rules, as required under Section 8. Section 8 empowers the state government to create and implement rules necessary for carrying out the provisions of the Act. These rules are critical for ensuring that the legislation is applied consistently and effectively. Without them, the enforcement of the Act remains largely theoretical, rendering it difficult for authorities to prosecute cases of forced or fraudulent conversions.
The PIL, filed by concerned parties, sought to highlight this issue, arguing that the government’s failure to finalize the rules had left a legal vacuum, effectively undermining the original purpose of the Act. The petition pointed out that, despite 45 years passing since the Act was enacted, the absence of rules had made it difficult for law enforcement agencies to take action in cases of alleged illegal conversions. The petitioners sought judicial intervention to expedite the rule-making process and bring the Act into full force.
During the hearing, the Advocate General for Arunachal Pradesh submitted an affidavit on behalf of the state government, acknowledging the delay but noting that progress had been made. According to the affidavit, the draft rules had already been prepared and were currently under review. The government had submitted the draft for further scrutiny and vetting by the law department to ensure that they conformed to legal standards. While the Advocate General assured the court that the process was moving forward, he requested additional time for finalizing the rules.
The division bench, after considering the submissions and reviewing the affidavit, noted that the process of framing the rules was indeed underway. Given this, the court found that there was no immediate need to keep the public interest litigation open, as the government’s actions indicated that progress was being made. However, the judges made it clear that they expected the state authorities to remain vigilant in fulfilling their legal obligations. The court emphasized that the draft rules should be finalized within the six-month timeline stipulated in the order.
In their written order, the judges stated, “Having considered the submissions of the learned Advocate General and having perused the affidavit and the Draft Rules, we are of the view that no useful purpose would be served by keeping this public interest litigation pending as the framing of requisite rules as mandated under Section 8 of the Arunachal Pradesh Freedom of Religion Act, 1978, is under process. Accordingly, this present petition is closed.” The court further stressed that the concerned authorities must be “mindful of their obligations” and should ensure that the draft rules are finalized without further delays.
The court’s directive brings some resolution to a long-standing issue that has hindered the effective enforcement of the Freedom of Religion Act in Arunachal Pradesh. While the law has been in place for decades, the lack of accompanying rules has made it difficult for authorities to prosecute cases under the Act. The High Court’s ruling not only sets a clear deadline for the government to complete this essential task but also sends a message about the importance of ensuring that legislative measures are supported by practical frameworks for implementation.
As Arunachal Pradesh moves towards finalizing the rules under the Freedom of Religion Act, this development is being closely watched by legal experts and civil society groups alike. Many view the court’s decision as a necessary step to bring clarity to the law and protect individuals from forced or fraudulent religious conversions. The case also underscores the critical role that the judiciary can play in holding governments accountable for ensuring that laws are effectively enforced. With the six-month deadline now in place, all eyes will be on the Arunachal Pradesh government to see if they can meet the court’s expectations and bring the Freedom of Religion Act into full effect after 45 years of waiting.
