The Modi Government in Gujarat may have played it safe when it allowed conversions among Buddhists, Jains and Hindus. By doing so, it was only reiterating an old position laid down by the framers of the Constitution recognising their commonness, say experts.

Explanation II to Article 25 of the Constitution — dealing with freedom of conscience and free profession, practice and propagation of religion — says reference to Hindus in clause 2 of the section “shall” be taken as including a reference to persons professing the Sikh, Jain or Buddhist religion.

Section 2 of the Constitution dwells on “providing for social welfare and reform or throwing open of Hindu religious institutions of a public character to all classes and sections of Hindus”.

The rule has also been emphasised by the Supreme Court in a series of decisions. In 1982, a five-judge bench of the court headed by then Chief Justice Y V Chandrachud said while upholding the validity of an act taking over administration of Auroville township in Pondicherry that “the Constitution makers...made it clear that reference to Hindus shall be construed as including a reference to persons professing the Sikh, Jaina or Buddhist religion”.

This was also underscored by Justice JS Verma in his well-known judgement describing Hinduism as a way of life.

Narendra Modi may also draw comfort from the fact that even the Congress under Jawaharlal Nehru had made the 1955 Hindu Marriage Act and 1956 Hindu Succession Act, Hindu Minority and Guardianship Act and Hindu Adoption and Maintenance Act applicable also to Sikhs, Buddhists, Jains and to any person who was not a “Muslim, Christian, Jew or Parsi”.

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