UP govt to submit response on anti-conversion ordinance in Allahabad HC today

Source:-https://www.indiatoday.in

The Uttar Pradesh government will submit its response to a petition challenging its recent ordinance on religious conversions.

The Allahabad High Court bench had on December 18 asked the UP government to file a response to the petition as it heard public interest litigation (PIL) filed by advocate Saurabh Kumar, who challenged the constitutional validity of the ordinance against “forcible” and “fraudulent” religious conversions, including for the sake of marriage.

The court had ordered the UP government to file a detailed reply by January 4. The high court will now hear the case on January 7.

What is the petition?

As per the petition, UP Chief Minister Yogi Adityanath had announced on October 31 that his dispensation would bring a law against ‘love jihad’. The state government on November 24 approved the draft ordinance, which provided for a jail term of up to 10 years for violators.

‘Love jihad’ is a term used to discredit interfaith marriages by describing it as part of an alleged conspiracy by Muslim men to convert Hindu women in the guise of love.

The primary contention raised in the PIL was that the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Ordinance impinges upon the fundamental right to choice and the right to change of faith, as per a PTI report.

The petitioner said the ordinance was morally and constitutionally invalid. He requested the court to declare it as ultra vires of the Constitution and direct the authorities not to take any action under the law during pendency of the petition.

The PIL contended that the provisions of the ordinance gave policing powers over a citizen’s choice of life partner or religion and, therefore, militate against the fundamental rights to individual autonomy, privacy, human dignity and personal liberty guaranteed under Article 21 (right to life and personal liberty) of the Constitution.

The plea also took exception the requirement of every religious conversion to be scrutinised and certified by the state. The petitioner said the very concept of forcing an individual to explain and justify a personal decision before an officer of the state was contrary to the Constitution, which ensures such rights.

What did Allahabad HC say?

The UP government told the court that the ordinance is very important to maintain law and order.

During the hearing, the high court refused to grant any interim relief and directed the state government to file a counter affidavit by January 4.