A petition challenging the Madhya Pradesh Freedom of Religious Ordinance, 2020 as being violative of Article 14 (equality), 19 (freedom of speech and express, to reside anywhere), 21 (right to life) and 25 (freedom of religion) of the Constitution of India has been filed in the Supreme Court, reported the legal website LiveLaw.
This has been filed by Advocate on Record, Aldanish Rein and drawn by Advocates Rajesh Inamdar, Shashwat Anand, Devesh Saxena, Ashutosh Mani Tripathi and Ankur Azad. LiveLaw reported that the plea reads:
“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 individual’s 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.”
The petitioner has also highlighted the way the draft Bill was passed in the State Assembly as a “fraud on the Constitution”. The petition reportedly states that the Madhya Pradesh Ordinance “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.”
On December 29 last year, the Madhya Pradesh Cabinet had cleared the Ordinance, commonly known as the ‘Love Jihad’ law which provides for prison term of up to ten years and fine of Rs 1 lakh declaring forceful conversions for marriage ‘null and void’. This Ordinance has replaced the Religious Freedom Act of 1968 in the state.
The petition also mentions that there is no established data with the State Government on “forced conversions” laid down in the Ordinance as a ground to bring in this legislation. According to LiveLaw, the plea contends, “It is apparent that there is no available data for something as imaginary as the ‘conspiracy theory’ and hoax of ‘Love Jihad’. Manifestly, no such urgent situation existed and it was not a fit case for an Ordinance to be issued.”
Praying the top court to declare the Ordinance ultra vires of the Constitution, the plea submits, “The law which seeks to preserve the power asymmetries in the existing social hierarchies negates the concept of transformative constitutionalism by coercing an individual to lay down his treasured fundamental rights before the State-sponsored status quo. Furthermore, the law acts as a juggernaut for hateful, divisive and schismatic propaganda by fanning communal passions, and this Hon’ble Court must denounce it and strike it down to the abyss of oblivion”.
The Madhya Pradesh High Court has already issued a notice to the State on February 1, on a plea filed by a law student, Amratansh Nema who stated that the provisions of the Ordinance are motivated by religious intolerance, are a grave violation of constitutional provisions, and a blatant attack on the religious autonomy of individuals of the state.
CJP’s petition challenging the same Ordinance, in addition to the anti-conversion laws of Uttar Pradesh, Uttarakhand and Himachal Pradesh is pending before the Supreme Court and is slated to be heard on February 17, 2021.
Related:
CJP moves SC to include MP, HP in its ‘Love Jihad’ petition
Madhya Pradesh HC issues notice in plea against Love Jihad Ordinance
Madhya Pradesh Cabinet clears ‘Love Jihad’ law!
PIL filed in MP HC challenging validity of state’s anti-conversion law