Recently, the Madhya Pradesh High Court bench comprising Justices Sujoy Paul and Prakash Chandra Gupta has declared Section 10 of the Madhya Pradesh Freedom of Religion Act, 2021 to be ‘prima facie unconstitutional’.

Section 10 of the Act states that anyone who desires to convert shall give a declaration to that effect 60 days before such conversion to the District Magistrate.

In light of the judgments in the cases of Lata Singh Vs. State of Uttar Pradesh and Ors. (2006) and Laxmibai Chandaragi B & Anr. v. State of Karnataka & Ors, the High Court came to the conclusion that a strong prima facie case had been made out by the petitioners for the grant of interim protection in relation to the marriage of two adult citizens of their volition and against any coercive action for violation of Section 10 of the Act.

Therefore, till the next order, the court has directed the state not to prosecute the adult citizens if they solemnize the marriage of their own volition and do not take coercive action for violation of Section 10.

The court was hearing seven petitions by activists and social workers who sought a stay on the Madhya Pradesh Freedom of Religion Act, 2021 stating that it was in contrast to Fundamental Rights under the Constitution and granted unbridled and arbitrary powers to authorities.

It has now granted three weeks’ time to the State to file its para-wise reply to the petitions. The court also said the petitioners might file a rejoinder within 21 days thereafter.