Background
• The Uttarakhand Freedom of Religion Act was enacted in 2018 prohibiting conversion from one religion to another religion by misrepresentation, force, fraud, undue influence, coercion, allurement or marriage.
• The Uttar Pradesh Prohibition of Unlawful Conversion of Religion Ordinance 2020 came into effect on 28th November 2020 and prohibits conversion of religion by misinterpretation, force, undue influence, coercion, allurement or by any fraudulent means or by marriage.
What does the PIL say?
• A PIL has been filed before the Supreme Court by a Mumbai-based NGO - Citizens for Justice and Peace (CJP) challenging the constitutional validity of The Uttarakhand Freedom of Religion Act, 2018 and The Uttar Pradesh Prohibition of Unlawful Conversion of Religion Ordinance 2020 passed in the name of ‘love jihad’.
• The petitioner has submitted that, "The Act and Ordinance seemed to be premised on conspiracy theories and assume that all conversions are illegally forced upon individuals who may have attained the age of majority. It mandates that a series of complicated procedures to be followed before and after conversion, taking the State into confidence to "ensure" that the act was an informed and voluntary decision by the individual. These provisions in both the impugned Act and Ordinance place a burden on individuals to justify their personal decisions for State approval."
What does the PIL say?
• The petitioner has contended that the said Act and Ordinance are violative of Article 21 of the constitution as they supress personal liberty and infringe upon the right to freedom of choice.
• The petitioner further contended that both the Act and the Ordinance are also opposed to the right to privacy as they require the individuals to approach the District Magistrate to validate their conversion for purpose of marriage or otherwise.
• The petitioner also submitted that the right to convert to another religion has been manifested under Article 25 of the constitution and the said laws impose unreasonable discrimination requiring an individual to inform the administration of such intent.
What does the PIL say?
• Since the laws only apply to the residents of UP and Uttarakhand, they are said to be antithetical to right to equality and right against discrimination under Articles 14, 15 and 16 of the Constitution.
• Reference has also been made by the petitioner to the Law Commission’s 235th report (Conversion/ reconversion to another religion - mode of proof) wherein it is stated that, "The reason for or propriety of conversion cannot be judged from the standards of rationality or reasonableness."
What are your views on the laws passed by the UP and Uttarakhand government? Let us know in the comment section below.
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