The Jabalpur High Court of Madhya Pradesh, in an interim order, has ordered the state government to enforce the MP Religious Freedom Act against couples of two different religions marrying of their own free will (Interfaith Marriage). Do not take action under Section 10 of the Religion Act).
A division bench of Justice Sujoy Paul and Justice PC Gupta observed that Section 10 requires a citizen desiring to convert to give a (prior) notice to the District Magistrate, but “in our view, this is a violation of constitutional rights in the light of earlier decisions of the court. It is notable that in many other BJP-ruled states, including Madhya Pradesh, such couples are being harassed and legal action is being taken against them even after changing their religion on their own.
Government is misusing the law
The November 14 order of the High Court states that therefore the respondent (state government) will not take any coercive action against adult couples who marry of their own free will, until further orders of the court, for violation of Section 10 of the Madhya Pradesh Religious Freedom Act. The bench has given this interim decision on a set of seven petitions challenging the provisions of the Madhya Pradesh Religious Freedom Act, 2021.
Two adults can marry anyone at will, can choose any religion
The petitioners requested the court to grant interim relief to restrain the state from prosecuting any person under the law. The High Court has given three weeks time to the state to file its reply on the petitions. Thereafter, the Bench listed the matter for final hearing.
It is notable that earlier Delhi High Court and Allahabad High Court have also said in their decisions that any person can change his religion on his own free will and two adults can marry anyone as per their wish. Doing so does not come under the category of a crime.
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