The Supreme Court on Monday decided to examine the Gujarat government's plea against the High Court's order staying provisions of 2021 amendment to Freedom of Religion Act which put restrictions on inter-faith marriages to check incidents of alleged 'Love Jihad'.
It issued notice to Jamiat Ulama-I-Hind which challenged the validity of the provisions before the High Court.
The Gujarat High Court had on August 19, 2021, and August 21, 2021, stayed the operation of certain sections of the Freedom of Religion (Amendment) Act, 2021, including the provision terming interfaith marriages as means for forceful conversion.
A bench comprising Justices Abdul Nazeer and Krishna Murari sought a response from those who challenged the provisions of the validity of the law.
The Gujarat government was represented by Solicitor General Tushar Mehta and the other side by senior advocate Kapil Sibal.
Jamiat Ulama-e-Hind and an Ahmedabad resident, Mujahid Nafees had challenged the amended Act claiming the law is manifestly arbitrary and violates the right to privacy.
The High Court, by its orders, had said the rigours of Sections 3, 4, 4A to 4C, 5, 6, and 6A, shall not operate merely because marriage is solemnised by a person of one religion with another without force, or allurement or fraudulent means and such marriages cannot be termed as marriages for the purpose of unlawful conversion.
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(Published 14 February 2022, 15:09 IST)
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