MP law on declaring intention to convert illegal

MP law on declaring intention to convert illegal

Subject: Polity

Context:

• The Madhya Pradesh High Court had held ‘unconstitutional’ a provision under the state’s anti-conversion law, which required an individual to inform the district administration before converting.

What Are the main provisions of the Madhya Pradesh Freedom of Religion Act (MPFRA) 2021:

• Section 5 of the MPFRA, 2021 prohibits unlawful conversion from one religion to another by use of misrepresentation ,force, undue influence, coercion, any other fraudulent means,allurement,or promise of marriage.
• Violators face between one year and five years of imprisonment.
• If the person who is converted is a child, a woman, or a person belonging to a Scheduled Tribe or Scheduled Caste, the punishment varies from two years to 10 years, with a fine of 50,000. 
• The punishment for mass conversions is five to 10 years in prison, with a penalty of  Rs 1 lakh.
• Cases under the Act are cognizable which means an arrest can be made without a warrant and non-bailable.
• Complaints can be registered by the victim, the victim’s parents or siblings, or anyone else including a guardian with permission from the local court.
• The complaints will be investigated by police officers of the rank of sub-inspector and above.
• For a religious conversion to be valid,the law requires a 60-day prior “declaration of the intention to convert”to the district magistrate by the individuals as well as the priest carrying out the conversion. 
• It’s only after this, that a couple from different religions can be legally married. 
• Failure to notify the state the intent to convert will render the wedding null and void, and an individual can be prosecuted for fraudulent conversion on promise of marriage.
• A priest who fails to notify the government can be punished with imprisonment from three to five years and a minimum fine of Rs 50,000.
• What did the High Court say in its order:
• The order passed by Justices Sujoy Paul and Prakash Chandra Gupta of the Jabalpur Bench of the Madhya Pradesh High Court found Section 10 of the MPFRA prima facie unconstitutional 
• This section requires individuals who are intending to convert,and the priest who would carry out the conversion, to notify the district magistrate of their intention 60 days in advance.
• Where Does The HC Judgement Come From:
• The High Court primarily cited three judgements from the Supreme Court for its decision i.e Lata Singh vs State of UP, Laxmibai Chandaragi vs State of Karnataka and Justice K.S.Puttaswamy(Retd) vs Union Of India.
• Based on these, a bench of Justices Sujoy Paul and Prakash Chandra said that marriage being part of a person’s core zone of privacy is inviolable and added that family marriage, procreation and sexual reorientation are all integral to the dignity of individuals.