SC Agrees To Hear Pleas Challenging Anti-Conversion Laws In UP And Uttarakhand, Issues Notice To Both States

The Supreme Court on Wednesday (6 January) issued notice to Uttarakhand and Uttar Pradesh governments on pleas challenging constitutional validity of the state laws that have provisions against religious conversion for the purpose of marriage, reports Indian Express.

The bench agreed to hear the petitions against The Uttarakhand Freedom of Religion Act, 2018 and The Uttar Pradesh Prohibition Of Unlawful Conversion Of Religion Ordinance, 2020 and issued notice to UP and Uttarakhand governments.

However, the SC bench headed by Chief Justice of India S A Bobde, Justices A S Bopanna and V Ramasubramanian declined to grant any immediate stay on the anti-conversion laws.

One of the pleas was filed by advocates Vishal Thakre and Abhay Singh Yadav and law researcher Pranvesh, and another by NGO Citizens for Justice and Peace (CJP).

The plea filed by Thakre contended that the anti-conversion ordinance and law “curtails the Fundamental Rights of the citizen of India…disturbs the Basic Structure of the Constitution as laid down by the Law”.

It further states the law and the ordinance are “against the provisions of Special Marriage Act, 1954 and it will create fear in the society”.

The plea by CJP submitted that the provisions of the Act and Ordinance violate Article 21 of the Constitution as it empowers the State to suppress an individual’s personal liberty.

It added 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”.