However, the Government decided to retain the Gujarat Freedom of Religion Act, 2003. While the Bill was withdrawn unanimously, the Opposition registered protest over not being given a chance to discuss the withdrawal of the Bill. The Bill had sought to replace section 2(B) of the Gujarat Freedom of Religion Act, 2003 with a new clause defining the expression “convert” along with explanations. The provision in the Amendment sought to clarify illustratively that Jains and Buddhists were to be construed as denominations of Hinduism, Shia and Sunni as denominations of Islam and Catholic and Protestant as denominations of Christianity. “The provisions shall not apply to inter denomination conversion of the same religion,” it said. The Buddhist and Jain communities had raised objection to this when the Bill was introduced in 2006.

Returning the Bill for re-consideration, the governor had observed that Jainism and Buddhism had been recognised as religions and Jainism had been regarded as a ‘special religion’ formed on the basis of quintessence of Hinduism by the Supreme Court.

“Although for the purpose of many personal laws, Jains and Hindus have been treated alike, but it is not because they are denominations of Hinduism,” the Governor had said, adding that the proposed amendment would be in violation of Article 25 of the Constitution of India as it impaired the freedom of conscience and protection against forced conversion.

On the move to withdraw the Bill, Leader of the Opposition in the Assembly, Shaktisinh Gohil said the withdrawal move was brought on a day when no

Bills were to be discussed, adding that at least two days should be allowed to discuss its withdrawal.

Minister of State for Home Amit Shah countered this, saying that the Bill could be withdrawn at any stage and that there was no scope for discussion on this. Health Minister Jay Narayan Vyas said the House was fully competent to withdraw the Bill. To this, Arjun Modhwadia of Congress said there could be discussion to amend, withdraw or seek legal opinion on the governor’s remark.