The Supreme Court on Tuesday issued a notice in a plea by the Madhya Pradesh government filed against the High Court’s order that held the mandatory requirement under the state’s Freedom of Religion Act — a declaration regarding religious conversion to the District Magistrate — to be prima facie unconstitutional.
SG Tushar Mehta appearing for Madhya Pradesh submitted that a stay may be granted against the said order.
“There is no prohibition against conversion. District Magistrate may only be intimated, that is all…”, SG Mehta added.
To this, Justice MR Shah responded saying: “All conversions cannot be said to be illegal. We can say intimation, but no penal action for contravention?”
Mehta further told the bench, also comprising Justice CT Ravikumar, that such an order might create replication.
The court accordingly refused to grant stay in the matter.
In the impugned order, the High Court had directed the government not to take any coercive action against any person who contravenes Section 10 of the Madhya Pradesh Freedom of Religion Act, 2021, which stipulated the declaration aspect.
The High Court had further directed the state to not prosecute any adult citizens who solemnised their marriage of their own volition.
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