The fundamental right to freedom of religion has been facing a lot of questions recently. Legislations like Madhya Pradesh Freedom of Religion Ordinance and the Prohibition of Unlawful Conversion of Religion Ordinance of Uttar Pradesh have been in the spotlight for all the wrong reasons, they have been alleged to be violative of the right to freedom of religion and right to choose, which are not just constitutionally guaranteed but also internationally ratified.
Facts
The Madhya Pradesh Freedom of Religion has been facing a lot of social backlashes and public outcry. The law is based on the concept of ‘Love Jihad’ which is the idea of women being forcefully converted to a particular religion through marriage. A petition has been filed before the Supreme Court through Advocates Rajesh Inamdar, Shashwat Anand and Aldanish Rein challenging the Constitutionality of the said Act.
Contentions
The petition stated that
“The impugned Ordinance in transgressing upon the freedom to marry, freedom to profess, practice and propagate any religion, and right to privacy, has guillotined the individuals’ personal autonomy, equality under the law, personal liberty and the freedom of choice and expression, in blatant and flagrant violation of the fundamental rights of the individuals as guaranteed under Articles 14, 19, 21 and 25 of the Constitution of India, 1950.”
While claiming the Ordinance to be a ‘fraud on the Constitution’, the petition claimed that
“The impugned Ordinance promulgated by the Respondents is a textbook example of blatant abuse of the powers vested under Article 213 of the Constitution. The action of the Respondents in promulgating ordinances, bypassing the legislative process of Assembly, is not only arbitrary and violative of Article 14 of the Constitution but is also a fraud on the Constitution itself.”
Madhya Pradesh Freedom of Religion Ordinance
The law is aimed at curbing religious conversions; forceful religious conversions to be exact. According to the provisions of the law, forcing religious conversion on someone will attract 1-5 years of imprisonment and a minimum Rs 25,000 fine. This law, in short, outlaws any form of religious conversions due to the technicality in its provision.
This is extremely problematic as it can be grossly misused. The main problems that have been stated with regard to these laws are that they are stated to be curbing people’s right to choose, right to marry and subjecting them to punishment on its grounds is a gross human rights violation.
Laws based on the concept of love jihad that has been introduced in the states of the country has been reinforced patriarchal values in times when women strive towards social equality.
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