SC to examine validity of 'love jihad' laws, matter to be heard in 4 weeks; issues notices to UP, Uttarakhand
New Delhi | Jagran News Desk: Hearing a bunch of pleas challenging the constitutionality of the anti-conversion law enacted by state governments, the Supreme Court on Wednesday agreed to examine the legal validity of the controversial 'Love-Jihad' law passed by Uttarakhand and Uttar Pradesh government in their respective states.
A bench headed by Chief Justice S A Bobde refused, however, to stay the controversial provisions of the law in UP, Uttarakhand on religious conversions due to interfaith marriages and issued notices to both state governments on two different petitions. The top court meanwhile adjourned the matter for hearing in 4 weeks.
The pleas, filed by advocate Vishal Thakre and others and an NGO ‘Citizen for Justice and Peace', have challenged the constitutional validity of the Uttar Pradesh Prohibition of Unlawful Religious Conversion Ordinance, 2020 and the Uttarakhand Freedom of Religion Act, 2018 which regulate religious conversions of inter-faith marriages.
The apex court's decision came on pleas challenging the anti-conversion laws, contending that the newly enacted law disturbs the basic structure of the Constitution of India and violate secularism, equality and non-discrimination on the basis of religion, colour, caste etc.
At the outset, the top court asked the petitioners to approach the Allahabad High Court after Solicitor General Tushar Mehta said that it is already seized of the matter. The bench said that this is not the transfer petition where it can transfer to itself all the cases on the law after one of the petitioners said that the issue should be examined by the top court.
Senior advocate C U Singh, appearing for the NGO, referred to the judgement of Justice (retd) Deepak Gupta and says that similar laws are being made in various states. He sought a stay of the provisions of the law and said that people are being in the middle of wedding ceremonies. Singh added that some of the provisions of these laws are oppressive and horrible in nature and requires the prior consent of the government to marry which is absolutely obnoxious.
The bench said that it is issuing notice and sought response from both the state governments within four weeks. When Singh insisted for a stay of provisions, the CJI said that now stay is sought on some provisions without hearing the states. “How can it be done?” the bench said.
(With Agency Inputs)
Posted By: Talibuddin Khan