Love Jihad Laws: The Supreme Court on Wednesday refused to stop the laws made to prevent conversion to marriage in Uttar Pradesh and Uttarakhand. However, the court issued notices to both the state governments on the petitions filed against these laws. Also Read – 4 people arrested in UP-ATS raids, Terror funding and Rohingya case in many districts
A bench of Chief Justice SA Bobde, Justice AS Bopanna and Justice V Ramasubramanian, during the hearing of the petition challenging these laws, said that no order can be given without hearing the favor of the state governments. Also Read – Love Jihad Law Latest Update: SC issued notice to Yogi and Rawat government, sought reply in four days
Advocate Vishal Thackeray and other NGOs ‘Citizens for Justice and Peace’ have challenged the constitutional validity of the Uttar Pradesh Laws Against Religious Conversion Prohibition Ordinance 2020 and the Uttarakhand Religious Freedom Act 2018. Also Read – Farmers Protest: Supreme Court expresses concern over farmers’ agitation
At the commencement of hearing on these petitions, Solicitor General Tushar Mehta said that this matter is already pending in Allahabad High Court. On this, the bench told the petitioner that he should go to Allahabad High Court.
When a petitioner said that the apex court should consider the validity of these laws, the bench said that it is not a transfer petition in which all matters related to the law should be brought to its notice. However, on behalf of the NGO, senior advocate CU Singh, citing a judgment of Justice (Retd) Deepak Gupta, said that similar laws are being enacted in different states. He requested to stop the provisions of these laws and said that people are being raised from the middle of marriage.
Singh said that some of the provisions of this law are very dangerous and oppressive and there is a provision for the need to get permission from the government before marriage, which is utterly absurd. The bench said that by issuing notices on these petitions, it is seeking answers from both the states within four weeks.
When Singh insisted on stopping the provisions of the law, the bench said that it is being requested without hearing the states’ favor. The bench said, “How can this happen?” The Cabinet of the Government of Uttar Pradesh issued the Prevention of Unlawful Prohibition of Religion Prohibition Ordinance, 2020, in the context of the incidents of alleged love jihad in the state, which was given by Governor Anandiben Patel on 28 November. Had given his recommendation to Under this law, conversion against law is a non-bailable offense.
This law is only about inter-religious marriages, but it sets out a detailed procedure for adopting another religion. This law provides for a maximum of 10 years of imprisonment and fine for the fraud, seduction or forced conversions for marriage.
Similarly, the Uttarakhand Religious Freedom Act, 2018 provides for two years of imprisonment if found guilty of fraud, seduction or forced conversion. Thackeray and others said that they are influenced by the ordinance of the UP government as it reduces the fundamental rights of the citizens provided in the constitution.
His petition said that the law made by Uttar Pradesh and Uttarakhand against the ‘jihad jihad’ and the punishments under it should be declared invalid and invalid as it affects the basic structure of the Constitution.
According to the petition, the ordinance passed by the Uttar Pradesh government and the law of Uttarakhand is generally against public policy and society.
The NGO has stated in its petition that both the laws violate Articles 21 and 25 of the Constitution as it empowers the state to suppress the people’s right to freedom and freedom to follow the religion of their will.
According to this organization, the UP ordinance puts the responsibility of presenting evidence only on the accused, contrary to the established crime jurisprudence. In the petition, these laws made by Uttar Pradesh and Uttarakhand have been requested to be declared against the Constitution.