The Madhya Pradesh High Court has ruled that a mandatory provision in the MP Freedom of Religion Act 2021, which requires the district magistrate to be notified before a person converts, is ‘unconstitutional,’ and directed the state government not to prosecute any individual under section 10 of the Act.
Hearing seven petitions filed against the Act, the two-judge bench of High Court’s principal seat Jabalpur, comprising justices Sujoy Paul and Prakash Chandra Gupta said in its November 14 ruling, “A strong prima facie case is made out by the petitioners for grant of interim protection in relation to the marriage of two adult citizens on their volition and against any coercive action for violation of Section 10 of the Act of 21 (MP Freedom of Religion Act).”
“Section 10 makes it obligatory for a citizen desiring conversion to give a declaration in this regard to the District Magistrate which in our opinion ex facie, is unconstitutional in the teeth of aforesaid judgments of this Court. Thus, till further orders, the respondent shall not prosecute the adult citizens if they solemnize marriage on their own volition and shall not take coercive action for violation of Section 10 of Act of 21,” the order read.
The court asked the state to file its response within three weeks. It also said that the petitioners may file a rejoinder within 21 days thereafter.
Section 10 of the Madhya Pradesh Freedom of Religion Act 2021
The menace of Love jihad, where susceptible and vulnerable Hindu women are being targeted by Muslim men, lured and brainwashed, forcefully converted to Islam, tortured, raped, and then either killed or abandoned, has rapidly been spreading its tentacles in various parts of the country including Madhya Pradesh, Uttar Pradesh, Haryana, Delhi, and Bihar.
In March 2020, the Shivraj Singh Chouhan-led Madhya Pradesh government, in an attempt to curb the nefarious practice in the state, cleared the bill that criminalises ‘Love Jihad’ (Grooming Jihad) and other forms of illegal conversions. The 2021 Act provides for up to 10 years in jail and a fine of up to Rs 1 lakh for religious conversion through coercion, force, allurement, and fraudulent means and misrepresentation, including marriages solemnised through fraudulent means.
Section 10 of the MP Freedom of Religion Act 2021, against which the aforementioned interim order was passed by the Madhya Pradesh HC on November 14, 2022, mentions that any person who desires to convert shall submit a declaration to that effect, 60 days prior to such conversion. It shall be submitted in a prescribed form to the district magistrate stating that she or he desires to convert of their free will and without any force, coercion, undue influence, or allurement.
Supreme Court terms forced religious conversion a ‘very serious’ issue
Notably, on the same day when the Madhya Pradesh HC termed the state’s efforts to curb the menace of Love Jihad ‘unconstitutional’, the Supreme Court of India termed the practice of forced religious conversion a ‘very serious’ issue and directed the Central Government to step in and make sincere efforts to check the practice. The Court also warned saying that a very difficult situation may emerge if the practice of forced religious conversion is not stopped.
“It is a very serious issue that affects the security of the nation and freedom of religion and conscience. Therefore, it is better that Union of India may make their stand clear and file counter on what further steps can be taken to curb such forced conversion,” the bench led by Justices MR Shah and Hima Kohli said on November 14.
The Court was hearing an appeal filed by advocate Ashwini Kumar Upadhyay that sought direction to the Centre and states to take stringent steps to control fraudulent religious conversion by ‘intimidation, threatening, deceivingly luring through gifts and monetary benefits’.
Taking serious notice of religious conversion by deceit, allurement, and intimidation, the bench requested the Government to undertake action against it and asked Solicitor General (SG) Tushar Mehta to list steps to limit the conversion practice happening through enticements.
SG Tushar Mehta said that the matter was being debated in the constituent assembly. “There were two Acts. One was by the Odisha government and the other one by Madhya Pradesh dealing with regulation of any forcible conversion by deceit, falsehood or fraud, money. These issues came before this court for consideration and the top court upheld the validity,” he added.
The Centre has been granted time till November 22, 2022, to file its response on the issue, and a hearing on the matter is scheduled for November 28.
