The proposed law was intended to replace the existing Madhya Pradesh Dharma Swatantrya Adhiniyam, 1968, which was upheld by the which court and in which year?

Anti-Conversion Laws

The Supreme Court has decided to hear the Madhya Pradesh government’s challenge to a High Court order restraining it from prosecuting interfaith couples who get married without first informing the dis

Table of Contents

About the News

Religious conversion can be defined as the adoption of any other religion or of a set of beliefs by the exclusion of other i.e. renouncing one religion and adopting another.
The Madhya Pradesh High Court passed a ruling that restrained the state government from prosecuting adult citizens if they solemnize marriage on their own volition and violate Section 10 of the Madhya Pradesh Freedom of Religion Act (MPFRA), 2021.
The bench found Section 10 of the MPFRA prima facie unconstitutional as it infringes upon Article 21 of the Constitution of India.

Madhya Pradesh Freedom of Religion Act (MPFRA), 2021

The state government decided in 2020 to bring in a law that intended to curb religious conversions that were carried out solely for the purpose of marriage.
The proposed law was intended to replace the existing Madhya Pradesh Dharma Swatantrya Adhiniyam, 1968, which was upheld by the Supreme Court in 1977.

Section 10 of the Act:

Under the section, individuals planning to convert and the priest who would carry out the conversion, have to notify the district magistrate of their intention 60 days in advance.
- Only after fulfilling the criteria, a couple from different religions can be legally married. 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.
Violation: Failure to notify the state of the intent to convert will make the wedding null and void.
Punishment: An individual who has failed to notify the state can be prosecuted for fraudulent conversion on the promise of marriage.

Laws on Religious Conversions

Pre-independence:

Laws restricting religious conversions were originally introduced by princely states headed by Hindu royal families during the British colonial period.
The states that had such laws include Kota, Bikaner, Jodhpur, Raigarh, Patna, Surguja, Udaipur, Kalahandi etc.

Post-independence:

Central Law: Currently, there are no central laws restricting or regulating religious conversions. Following India’s independence, Parliament introduced a number of anti-conversion bills, but none were enacted.
State Laws: Several states enacted “Freedom of Religion” legislation to restrict religious conversions carried out by force, fraud, or inducements.
- “Freedom of Religion laws” are currently in force in eight states: Odisha (1967), Madhya Pradesh (1968), Arunachal Pradesh (1978), Chhattisgarh (2000 and 2006), Gujarat (2003), Himachal Pradesh (2006 and 2019), Jharkhand (2017), and Uttarakhand (2018).
- The laws passed in Himachal Pradesh (2019) and Uttarakhand also declare a marriage to be void if it was solemnised for the sole purpose of conversion.