In an interim order, the Madhya Pradesh High Court has restrained the State from taking any coercive action under section 10 of Madhya Pradesh Freedom of Religion Act 2021 against the adults if they marry on own volition – interfaith marriage.
The provisions of Section 10 of Madhya Pradesh Freedom of Religion Act 2021 :
(1) One who desires to convert his religion, shall give a declaration to that effect 60 days prior to such conversion to the District Magistrate in such form as maybe prescribed.
(2) Any religious priest who intends to organize conversion shall give 60 days prior notice to the District Magistrate in such form as may be prescribed.
(3) The District Magistrate, after receiving the information under sub-section (1) and (2) shall give acknowledgment of such prior notice in such manner as may be prescribed.
(4) Whoever contravenes the provisions of subsection (2) shall be punished with imprisonment for a term which shall not be less than three years but may extend to five years and shall also be liable to fine which shall not be less than rupees fifty thousand.
(5) No court shall take cognizance of the offence committed under this section without prior sanction of the concerned District Magistrate.
A division bench comprising Justice Sujoy Paul and Justice PC Gupta ordered 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, unconstitutional in the teeth of aforesaid judgments of this Court.
Thus, till further orders, 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 court order said.
The court issued the interim direction during hearing of petitions filed by Rev. Suresh Carleton & Ors., Amratansh Nema, LS Herdeniya & Ors., Azam Khan, Richard James& Ors., Aradhana Bhargava and Samuel Daniel seeking challenging certain provisions of the Madhya Pradesh Freedom of Religion Act 2021.
The petitioners sought interim relief to restrain the state from prosecuting anyone under the MP Freedom of Religion Act 2021.
The court allowed the prayers of the State government seeking three weeks time to file the reply to the petitions. The court issued the interim order on November 14, 2022.
