NGO Challenges Ordinance on Interfaith Marriage Before Supreme Court

An NGO named Citizens for Peace and Justice has challenged the Madhya Pradesh and Himachal Pradesh ordinance regulating religious conversions and inter-faith marriage before the Supreme Court of India.  

The petition has sought leave to amend the original writ petition and includes challenges to Himachal Pradesh Freedom of Religion Act, 2019 and the Madhya Pradesh Freedom of Religion Ordinance, 2020 within the scope of its plea. 

The plea before the Top Court says that with this Acts and Ordinances in place, only residents of these four states will be subject to such inquiry and State intervention in case they decide to convert their religion, or they want to get married with an interfaith religion, with or without conversion. 

The law in Himachal Pradesh has added different clauses that deal with “conversion by marriage”, and by Sections 7 and 9 reintroduced "even more obnoxious and unconstitutional provisions of prior notice, enquiry and investigation than were contained in the struck down provisions of the 2006 Act." 

The Himachal Act casts a reverse burden of proof upon the person converted, and makes the offences, including the “offence” of getting married, cognizable and non-bailable.: States the plea. 

The Madhya Pradesh Freedom of Religion Ordinance, 2020, which tends to regulate religious conversion and inter-faith marriage, came into force on January 9. 

The Ordinance was signed off by Anandiben Patel, Governor of Madhya Pradesh. Many of the definitions and provisions in the UP Ordinance are mirrored in the MP ordinance. 

The laws in force in Uttarakhand and Himachal Pradesh had come into force before that.  

The Apex Court would like to have the benefit of the High Court judgment in the case since Allahabad and Uttarakhand High Courts were seized of challenges to the constitutionality of the two acts. 

While hearing the petition challenging the UP ordinance Uttarakhand law, a Bench of CJI, SA Bobde, and Justices  V Ramasubramanian and AS Bopanna  stated that the Apex Court would like to have the benefit of the High Court judgment in the case since Allahabad and Uttarakhand High Courts were seized of challenges to the constitutionality of the two acts. 

The petition filed under Article 32 of the Indian Constitution stated that the ordinance and law are in violation of Articles 21 and 25 of the Indian Constitution as it empowers the State to suppress an individual’s personal liberty and the freedom to practice the religion of one's choice. 

The petition has also highlighted that it casts the burden of proof on the accused against the established principles of criminal jurisprudence.