HC strikes down some provisions of HP Freedom of Religion Act

Allowing the petitions challenging the constitutional validity of sections 2 (a), 2 (b), 2 (c), 2 (d), 4 and 8 of the Religion Act and rules 3, 4, 5 and 6 framed under the Act in 2007 to a limited extent, a division bench struck down section 4 of the Religion Act of 2006 and rule 3 of the HP Freedom of Religion rules of 2007 as being violative of Article 14 and ultra vires to the Constitution.

"Rule 5 only insofar as it relating to section 4 is also held to be ultra vires. However, all other provisions of the Act and the rules are held to be legal and valid", said justice Deepak Gupta and justice Rajiv Sharma.

Section 4 of the legislation, which was brought by the previous Congress government, says a person intending to convert from one religion to another shall give prior notice of at least 30 days to the area district magistrate of his intention to do so.

The district magistrate shall get the matter enquired into all by such agency as he may deem fit while no notice shall be required if a person reverts back to his original religion. (MORE)