Observing that all religious conversions cannot be presumed to be illegal; the SC on January 3rd agreed to hear the plea by MP state govt challenging the Jabalpur High Court decision in regards to interfaith marriages. The HC in an order earlier had frozen the states’ rights from taking actions against those who converted without a prior notice. The bench of Justices MR Shah and CT Ravikumar will now here the case on February 7th.
The HC on November 17th, restrained the state govt from prosecuting “adult citizens if they solemnise marriage on their own volition” and violate Section 10 of the Madhya Pradesh Freedom of Religion Act (MPFRA), 2021.The MP govt soon after challenged the plea in SC.
The legislation a year ago was revised after an ordinance in view of the increasing number of interfaith marriages was promulgated. The Madhya Pradesh Freedom of Religion Act, 2021 was finally passed by voice vote in the state Assembly. Under the Act- a person who fails to acquire prior permission for conversion to another faith would be penalized. A fine of at least Rs 50,000 and a jail term of 3-5 years was pronounced. The punishment for mass conversions is five to 10 years in prison, with a penalty of Rs 1 lakh. According to Section 10 of the MPFRA, 2021, an individual who wishes to convert to another religion needs to submit a declaration to the district magistrate 60 days in advance, stating that they are not doing so under any force, coercion, undue influence or allurement.
The law came into existence shortly after the Kamal Nath government toppled. The state cabinet on December 28th cleared the MP Dharma Swatantrata Adhiniyam law- a legislation proposed to tighten restrictions in religious conversions. The new law was intended to replace the existing Madhya Pradesh Dharma Swatantrya Adhiniyam, 1968
