Supreme Court to Hear Pleas Challenging State Laws Regulating Conversions Due to Interfaith Marriages on February 3


The Supreme Court on Monday stated it could hear on February 3 a batch of pleas difficult controversial state legal guidelines regulating non secular conversions due to interfaith marriages.

A bench comprising Chief Justice DY Chandrachud and justices PS Narasimha and JB Pardiwala famous {that a} switch plea was talked about within the morning.

”We can checklist it, subject discover and listen to it collectively. The switch petition can even be numbered by then. The legal professional normal also can look at. We will hear all on Friday,” the bench stated.

During the temporary listening to, senior advocate CU Singh, showing within the courtroom on behalf of NGO ”Citizens for Justice and Peace” of activist Teesta Setalwad, submitted that folks can not get married due to these state legal guidelines and the state of affairs may be very grave.

Attorney General R Venkataramani submitted that these are state legislations which have been challenged earlier than the apex courtroom and the excessive courts involved ought to hear the circumstances.

The high courtroom had earlier requested the events difficult the anti-conversion legal guidelines of a number of states to file a standard petition in search of a switch of the circumstances on the difficulty from numerous excessive courts to the apex courtroom.

Solicitor General Tushar Mehta had challenged the locus standi of ”Citizens for Justice and Peace”, which is likely one of the petitioners. Mehta had not elaborated on the explanations for questioning the NGO’s locus.

The bench had famous that there have been not less than 5 such pleas ”earlier than the Allahabad High Court, seven earlier than the Madhya Pradesh High Court, two every earlier than the Gujarat and Jharkhand excessive courts, three earlier than the Himachal Pradesh High Court, and one every earlier than the Karnataka and Uttarakhand excessive courts”, and stated a standard petition for his or her switch might be filed.

Besides, two separate petitions have been filed by Gujarat and Madhya Pradesh, difficult the interim orders of the respective excessive courts that stayed sure provisions of the state legal guidelines on conversion.

Earlier, a bench headed by Justice M R Shah had stated non secular conversion is a severe subject that shouldn’t be given a political color.

It had sought the legal professional normal’s help on the plea filed by advocate Ashwini Kumar Upadhyay.

Another bench headed by the CJI had, on January 2, sought to know the standing of the circumstances pending earlier than completely different excessive courts difficult controversial state legal guidelines regulating non secular conversion due to interfaith marriages and stated if the circumstances are related in nature, it could switch these to itself.

It had requested ”Citizens for Justice and Peace” and the states of Uttar Pradesh, Madhya Pradesh, Uttarakhand and Himachal Pradesh to apprise it of the standing of the circumstances difficult the state legal guidelines on conversion via marriage.

The apex courtroom had, on January 6, 2021, agreed to look at sure new and controversial legal guidelines of Uttar Pradesh and Uttarakhand, regulating non secular conversions due to interfaith marriages.

The Uttar Pradesh legislation relates to not solely interfaith marriages however all non secular conversions and lays down elaborate procedures for anybody who needs to convert to one other faith.

The Uttarakhand legislation entails a two-year jail time period for these discovered responsible of non secular conversion via ”drive or allurement”. The allurement might be within the type of money, employment or materials advantages.

The plea filed by the NGO has alleged that the legislations violate articles 21 and 25 of the Constitution as these empower the State to suppress a person’s private liberty and freedom to practise the faith of his selection.

Jamiat Ulama-I-Hind has additionally moved the Supreme Court, difficult the anti-conversion legal guidelines of Uttar Pradesh, Madhya Pradesh, Gujarat, Uttarakhand and Himachal Pradesh. It has contended that these legal guidelines have been enacted to ”harass” interfaith {couples} and implicate them in prison circumstances.

The Muslim physique, in its PIL filed via advocate Ejaz Maqbool, has stated the provisions of all such legal guidelines of the 5 states drive individuals to disclose their religion and consequently, invade their privateness.

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(This story has not been edited by News18 workers and is revealed from a syndicated information company feed)

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