SC To Hear Pleas Challenging The Constitutional Validity Of State Laws On Anti-Conversion

The Supreme Court has agreed to hear the petitions challenging the constitutional validity of the anti-conversion laws enacted in states like Uttarakhand and Uttar Pradesh.

#SupremeCourt bench led by CJI SA Bobde to hear petitions challenging the Constitutional validity of the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Ordinance, 2020 and Uttarakhand Freedom of Religion Act, 2018
which regulates #conversion & interfaith marriage pic.twitter.com/ORRW9LPCpr

— Bar & Bench (@barandbench) January 6, 2021

These laws allegedly criminalise spiritual conversion via marriage. They ask for prior official clearance before marrying into another religion or faith. But a Bench led by Chief Justice of India Sharad Arvind Bobde refused to stay the provisions of the laws and issued notices to each state governments based on two different petitions.

The laws in question

The Uttar Pradesh Prohibition of Unlawful Conversion of Religion Ordinance 2020 and the Uttarakhand Freedom of Religion Act, 2018 are two of the state laws that have created the crisis. The Madhya Pradesh Cabinet has approved the Freedom to Religion Bill 2020 as an Ordinance. Himachal Pradesh is another state that also has an anti-conversion law.

"What we have here is multiple states like Uttar Pradesh, Madhya Pradesh enacting these absolutely horrifying laws. They require the prior permission to marry," senior advocate C.U. Singh submitted. He quoted that such laws violate the fundamental rights of dignity and liberty that are enshrined under Article 21.

Also Read: First Anti-Conversion Charge Sheet Filed, Accused Held For Abduction and Rape Of Dalit Woman

Pleas against injustice

One of the pleas was filed by Advocate Vishal Thakre, Abhay Singh Yadav, and Pranvesh, a law researcher. Their plea says the Act as well as the Ordinance are "against the provisions of Special Marriage Act, 1954 and it will create fear in the society".  Further, the plea urges to direct the states "not to give effect to impugned provisions/ordinance and withdraw the same or in the alternative modify the said bill."

Another party that has filed the petitions are the NGO Citizens for Justice and Peace (CJP). Their plea says,"The Act and Ordinance seemed to be premised on conspiracy theories and assume that all conversions are illegally forced upon individuals who may have attained the age of majority".

Also, it says that the two laws "are unconstitutional as both attempt to control the life of the residents of Uttarakhand and Uttar Pradesh and to not allow them to take charge of the significant decisions in their life."

The laws view "all women including economically weak, marginalised, privileged women to be susceptible to illegal conversions", the plea further states.

A person's right to convert to another religion by personal discretion is indicated in Article 25 of the Constitution. The plea, then continues to condemn that the Ordinance and the Act impose "unreasonable and discriminatory restrictions" on our basic rights.

Also Read: Madhya Pradesh Cabinet Passes Anti-Conversion Bill With 10 Years Prison