Teesha Deb, National Law University, Odisha
ABSTRACT
In this article the author discusses the constitutional validity of Sec 5 and Sec 10 of the Madhya Pradesh Freedom of Religion Act (MPRA) of 2021 which is also being deliberated upon by the Supreme Court in lieu of the multiple petitions filed. At the very onset the author discusses several judicial precedents which establish the touchstone for the interpretation of Article 25 of the Constitution or the fundamental right to freedom of religion. Through this chapter the author attempts to bring more clarity to the issue of whether the right to propagate one’s religion would include the right to conversion. Then the author further discusses the goal which the MPRA sought to achieve. One of the noteworthy observations the author made was the enactment of Freedom of Religion Act by several state legislatures post 2014, most of which have been met with dissent in recent years. The author then proceeds to discuss the disparities between the liberties and rights guaranteed by the Constitution which are curtailed by the provisions of the Act. Apart from the infringement of our right to religious freedom, the provisions of the Act also contravene our right to privacy under Article 21 of the Constitution. This is followed by a discussion on the issue or the contentions which have been raised against the provisions of the Act and the arguments presented for the same. The author finally concludes the article by talking about the pertinent issues presented by similar anti-conversion legislations and measures which can be introduced for the effective implementation of such laws.
