Plea challenges Madhya Pradesh Freedom of Religion Ordinance, says it is a fraud on Constitution


18th Feb,2021

Plea challenges Madhya Pradesh Freedom of Religion Ordinance, says it is a fraud on Constitution

The Supreme Court has filed a petition questioning the constitutional validity of the Madhya Pradesh Freedom of Religion Ordinance, passed by the Madhya Pradesh Government. The petition filed by Aldanish Rein, Advocate-On-Record, states that the ordinance passed by the Governor bypassing the Assembly's legislative process is not only unconstitutional and violative of Article 14 of the Indian Constitution, but also corrupt of the Constitution itself.
He further notes that in infringing the freedom to marry, freedom to profess, practice and spread any religion, and the right to privacy, the impugned Ordinance has guillotined the personal autonomy of individuals, equality under the law, personal freedom and freedom of choice and speech, in blatant and flagrant infringement of individuals fundamental rights as guaranteed under Articles 14, 19, 21 and 25 of the Constitution of India, 1950.
He points out that the disputed ordinance has adopted its basic structure from the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Ordinance, 2020 and the Uttarakhand Freedom of Religion Act, 2018, which is already being challenged before the Supreme Court for its constitutional validity. The petitioner argues that there is no data available on 'love jihad' with any government agency or department and that it was not a suitable case for issuing an order. The order was given in haste and with utter disregard for the effect it could have on the human rights of the parties concerned. The petitioner has cited numerous case laws highlighting the apparently unconstitutional conditions set out in the order.