Stanislaus case in individual freedom of marriage

Question 1

What is Rev Stanislaus vs Madhya Pradesh, 1977?

Answer 1

Supreme Court of India considered the issue whether the fundamental right to practise and propagate religion includes the right to convert, held that the right to propagate does not include the right to convert and therefore upheld the constitutional validity of the laws enacted by Madhya Pradesh and Odisha legislatures prohibiting conversion by force, fraud or allurement.

Question 2

What is right to privacy judgement of 2017?

Answer 2

In August 2017,a nine-judge bench of the Supreme Court in Justice K. S. Puttaswamy (Retd) Vs Union of India unanimously held that Indians have a constitutionally protected fundamental right to privacy that is an intrinsic part of life and liberty under Article 21.

It held that privacy is a natural right that inheres in all natural persons, and that the right may be restricted only by state action that passes each of the three tests:

First, such state action must have a legislative mandate;

Second, it must be pursuing a legitimate state purpose; and

Third, it must be proportionate i.e., such state action — both in its nature and extent, must be necessary in a democratic society and the action ought to be the least intrusive of the available alternatives to accomplish the ends.

Question 3

What is Hadiya case?

Answer 3

-Above 2 cases together mean that it would be no more constitutional to use marriage as a ground for prohibiting conversion because it involves right of privacy,choice and marital freedom

Question 4

Which action was struck down by himachal pradesh court in 2012?

Answer 4

Provision on mandatory prior declaration to convert is similar to the one struck down earlier by H.P. court on grounds of right to keep one’s faith secret.