Plea in MP High Court challenges love jihad act

The Madhya Pradesh Religious Freedom Ordinance -2020 to stop Love Jihad has been challenged in Madhya Pradesh High Court through a petition.

The Division Bench of Chief Justice Mohammad Rafiq and Justice Vijay Kumar Shukla has issued notice to the Chief Secretary of the State, Principal Secretary of the Legislative Affairs Department and the Home Department in this regard. The next hearing of the case has been fixed for 31 March.

Amritansh Nema, a resident of the capital Bhopal and a law student studying at the University of Delhi, has challenged the constitutionality of the Freedom of Religion Ordinance 2020 brought on 9 January 2020 to stop love jihad.

The petition challenges Articles 2 (1) (c), 4, 10 and 12 of the Freedom of Religion Ordinance-2020. In the Freedom of Religion Ordinance, it has been made mandatory to give information to the Collector 60 days before the conversion. It is a violation of fundamental rights, alleged the Petitioner.

The MP Religious Freedom Act 1968 provided that if a person was forced to convert, he could file a complaint to the police and the collector. In the Freedom of Religion Ordinance -2020, it has been provided that if a person commits conversion under pressure, then the concerned person as well as his parents and family can also file a complaint to the police and the Collector.

The petition states that the law can be misused in such a situation. In addition, the ordinance states that if a person returns to his original religion, it will not be considered a convert.

The petition said that the ordinance provides for a maximum penalty of 10 years of imprisonment and fine. The petitioner himself pleaded in the case and said that the Freedom of Religion Ordinance-2020 is a violation of the right to equality, life and religious freedom as given in the Constitution.

After the initial hearing, the High Court issued a notice to the respondents. During the hearing, Advocate General Purushendra Kaurava on appeared behalf of the State Government.

The post Plea in MP High Court challenges love jihad act appeared first on India Legal.



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