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Supreme Court upholds MP High Court order against declaration of religious conversion before DM

On November 14, 2022, the Madhya Pradesh HC found this provision to be prima facie unconstitutional and directed the state to not prosecute the adult citizens if they solemnise the marriage of their own volition.

Supreme Court upholds MP High Court order against declaration of religious conversion before DM AJR
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First Published Jan 3, 2023, 3:51 PM IST

The Supreme Court on Tuesday (January 3) issued notice on the special leave petition filed by Madhya Pradesh against the High Court restraining the government from taking coercive action against any person who contravenes Section 10 of the Madhya Pradesh Freedom of Religion Act, 2021 which requires a person desiring to convert religion to give a declaration in this regard to the District Magistrate.

The bench, comprising Justices MR Shah and CT Ravikumar refused to stay the impugned order.

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On November 14, 2022, the Madhya Pradesh HC found this provision to be prima facie unconstitutional and directed the state to not prosecute the adult citizens if they solemnise the marriage of their own volition.

Solicitor General of India Tushar Mehta said, "Here, the pith of the Act is stayed despite a similar provision being upheld by a Constitution bench of this court. Section 10 of the Act. The High Court goes wrong"

"Yes, On the ground that there is one stay granted by the Gujarat High Court. Section 10(1) says any person who desires to convert shall submit a declaration to that effect 60 days prior to that conversion in prescribed form to the district magistrate stating that he desires to convert on his own without allurement, coercion, undue influence," the solicitor general said.

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"There is no penal consequence. Subsection (2) says any religious priest or person who intends to organise conversion will give 60 days prior notice. Giving of notice is upheld by the Constitution bench. Kindly see (4). Penal consequence is not on the person who converts," the solicitor general added.

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