JOIN USSupreme Court notice to Uttar Pradesh, Uttarakhand on plea challenging 'Love Jihad' laws
The Supreme Court on Wednesday issued notice to the Uttarakhand and Uttar Pradesh governments challenging the validity of laws brought about to regulate inter-faith marriages and to check incidents of "Love Jihad".
A bench presided over by Chief Justice S A Bobde sought a response from the BJP governments of two states within four weeks on petitions by Vishal Thakre and NGO Citizens for Justice and Peace.
The court, however, refused to stay on operations of 'Uttar Pradesh Prohibition of Unlawful Conversion of Religion Ordinance, 2020' and 'the Uttarakhand Freedom Of Religion Act, 2018', saying the petitioners should have ideally approached the High Courts.
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"This challenge is also pending before the Allahabad HC and Uttarakhand HC. Why don’t you go there? We are not saying that you have a bad case but you should first approach the HC," the bench told the petitioners' counsel.
The petitioners pointed out similar efforts were on to pass such laws in Madhya Pradesh and other states.
The issue is pending before different HCs and the Apex Court has jurisdiction to entertain the case. Moreover, society was being affected by the Act, the counsel said.
Senior advocate C U Singh, appearing for a petitioner, said the law has become a tool for oppression.
In their plea, the petitioners claimed the move was against public policy and society at large, besides curtailing fundamental rights of citizens.
The move by the two state governments was also against the provisions of the Special Marriage Act, 1954, they claimed.
The ordinance by Yogi Adityanath 's government carries maximum punishment of 10 years jail for conversion brought on fraud, deceit and misrepresentation of facts, for the purpose of marriage.