A Public Interest Litigation has been filed in the Madhya Pradesh High Court, challenging the recently promulgated ‘MP Freedom of Religion Ordinance, 2020’ that prohibits religious conversion by undue influence, coercion, etc.
The plea has been filed by a final year law student, Amratansh Nema who alleged that the provisions mentioned in the ordinance are motivated by religious intolerance. He further added that these are violating the constitutional provisions and are attacking the religious autonomy of the individuals.
He mentioned that the ordinance is promulgated without following a proper formal consultative process by the State Government, which is the violation of 'Due Process of law' and is abusing the legislative powers.
The plea mentioned a no. of rights that have been alleged of getting infringed due to this ordinance including Right to Personal Liberty & Autonomy, Right to Privacy, Right against Discrimination, and Right to Freedom of Choice of Adults.
"Exercising a fundamental right can never be subjected to any approval by or intimation to any authority. The said provision visibly contravenes the fundamental right of personal liberty, privacy & choice and encourages the wrongful intervention of state," the plea states.
It is submitted that the right to convert oneself to another religion is manifested in Article 25 of the Constitution and the Ordinance impinge upon this right by imposing unreasonable and discriminatory restrictions and hence are unconstitutional.