In a significant development, the Supreme Court on Tuesday transferred to itself petitions pending before various High Courts challenging the validity of State laws on religious conversion.
The Court is already seized of similar petitions challenging religious conversion laws in Uttar Pradesh, Himachal Pradesh, Madhya Pradesh and Uttarakhand, among other States.A Bench of Chief Justice of India (CJI) BR Gavai and Justice K Vinod Chandran was told today that there were other such petitions pending before High Courts.
"Let other such pending petitions be transferred here. It will be a challenge to all such laws," submitted Senior Advocate Indira Jaising.
Representing the State of Madhya Pradesh, Additional Solicitor General (ASG) KM Natraj added,"We have no objection to transfer."
"Ok, transfer all such petitions here. Amendment application allowed," CJI Gavai said, in turn.The Court added that it will consider the prayer to stay the operation of such laws after six weeks.
"List after 6 weeks for the consideration of the applications seeking stay," it said.The Court was hearing a petition filed by an NGO called Citizens for Peace and Justice, which has challenged religious conversion laws enacted by various States.In 2021, the Court also allowed the Jamiat Ulama-i-Hind to intervene in the matter, after it alleged that a large number of Muslims were being harassed across the country by invoking such anti-conversion laws.
During today's hearing of the matter, Senior Advocate CU Singh raised concerns about the harsh consequences imposed by the Uttar Pradesh (UP) government if someone is suspected of violating its religious conversion law."This is basically an anti-conversion law titled Freedom of Religion Act. Now, as courts grant bails, etc...UP has now made the minimum sentence of 20 years, coupled with twin conditions of bail on par with PMLA...and reverse burden of proof. (For) anyone in an interfaith marriage, it makes bail impossible.
Several States are enacting them. Rajasthan also enacted a law few weeks ago...Any person can make complaint...Mobs are picking them up during festivals etc.," he said. Advocate Vrinda Grover added,"UP law and Haryana conversion rules. We have challenged them and in another application, we have sought stay."CJI Gavai asked the States to file their replies.Advocate Ashwini Upadhyay, meanwhile, said that he has filed an application seeking directions so that deceitful and wrongful religious conversions are banned.
"Who will find out if it's deceitful or not?" the CJI asked Upadhyay."We are here challenging the vires of law, and here he seeks to enact a law," Senior Advocate Singh observed."Mr. Upadhyay, your plea and IA is de-tagged," the CJI proceeded to state.
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