The Supreme Court on Wednesday said that it will soon take up a batch of petitions challenging the freedom of religion by way of Acts and Ordinances introduced by Legislatures of some States in the name of ‘love jihad’ against religious conversion for the sake of marriage.
The matter was mentioned before the Bench of Chief Justice of India Justice D.Y. Chandrachud, Justice Hima Kohli and Justice J.B. Pardiwala for urgent listing.
Representing one of the petitioners, NGO ‘Citizens for Justice and Peace’, Senior Advocate C.U. Singh said the Apex Court had already decided the issue of right of change of faith being a part of fundamental right of choice in Shafin Jahan’s matter [Shafin Jahan vs Asokan K.M. And Ors. Criminal Appeal No 366 of 2018].
When the CJI enquired about the next date fixed for hearing, the Senior Counsel said that no date has been indicated for the petitions, which specifically challenge the constitutional validity of the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Ordinance 2020 and the Uttarakhand Freedom of Religion Act, 2018.
The Bench then assured Singh that a specific date would be provided for hearing the matter.
Earlier in January 2021, the top court of the country had issued a notice on these petitions. An amendment application was later filed in the pleas, which challenged similar laws introduced by the States of Madhya Pradesh and Himachal Pradesh.
The PIL by NGO CJP, run by activist Teesta Setalvad, was filed through Advocate Tanima Kishore. It contended that the provisions of the impugned Act and the Ordinance violated Article 21 of the Constitution as they empowered the State to suppress an individual’s personal liberty and impinge upon an individual’s right to freedom of choice and right to freedom of religion.
The plea further said that the right to ‘convert’ oneself from one religion to another was manifested in Article 25 of the Constitution. However, the said Ordinance and the Act were in the teeth of this right as they imposed unreasonable and discriminatory restrictions by mandating that the administration be informed of such intention and a probe be launched in such a personal and intimate exercise of one’s right.
Similar prayers were made in a PIL filed by lawyers Vishal Thakre, Abhay Singh Yadav and Pranvesh, which requested the Apex Court to declare such laws made in the name of ‘love jihad’ as null and void, as they were against the ‘basic structure’ of the Constitution.