The
Supreme Court on Tuesday took over several petitions pending before high courts
that challenge the validity of State laws on religious conversion.
The
bench, headed by Chief Justice of India (CJI) BR Gavai and
Justice K Vinod Chandran, is already hearing similar petitions challenging laws
enacted by Uttar Pradesh, Himachal Pradesh, Madhya Pradesh, Uttarakhand and
other states.
The
plea was filed by the NGO Citizens for Peace and Justice, which questioned the
constitutional validity of these laws. Senior Advocate Indira Jaising urged the
court to transfer all similar pending petitions, saying, “It will be a
challenge to all such laws.”
The
apex court has asked states to file replies within four weeks and said it would
take up the request to stay the laws after six weeks. States named include
Uttar Pradesh, Madhya Pradesh, Himachal Pradesh, Uttarakhand, Chhattisgarh,
Gujarat, Haryana, Jharkhand, and Karnataka.
“List after 6 weeks for the consideration of
the applications seeking stay,” the bench noted.
Representing Madhya Pradesh, ASG KM Natraj said the
state had no objection to transferring the cases.
Advocate Chander Uday Singh, representing Citizens
for Peace and Justice, warned of the stringent provisions under the Uttar
Pradesh Freedom of Religion Act. He told the court that the law imposed a
minimum sentence of 20 years, with bail conditions similar to the Prevention of
Money Laundering Act (PMLA), and reversed the burden of proof.
He argued that these provisions made bail “impossible”
for those in interfaith marriages. “Several States are enacting them. Rajasthan
also enacted a law a few weeks ago… Any person can make a complaint. Mobs are
picking them up during festivals,” Singh said.
The bench was also informed that the Gujarat High
Court in 2021 had stayed certain provisions of its religious conversion law,
while the Madhya Pradesh High Court had issued a similar interim order. Both
states later approached the Supreme Court challenging these stays.