Love Jihad row: SC issues notice on anti-conversion laws in UP, Uttarakhand; no stay yet

The Supreme Court on Wednesday refused to stay the controversial provisions of ‘Love Jihad’ law enacted by Uttar Pradesh and Uttarakhand against the forceful conversion of religion for marriage. The top court, however, issued notices to the state governments based on petitions challenging the anti-conversion ordinance in Uttar Pradesh and Freedom of Religion Act, 2018 in Uttarakhand.

The three-judge bench headed by Chief Justice of India (CJI) SA Bobde also issued a notice to the Central government, on the plea filed by advocate Vishal Thakre and Teesta Setalvad’s NGO Citizens for Justice and Peace.

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The petitioners sought a stay on the anti-love jihad legislations, to which CJI Bobde said that it would have been ideal if they had moved to the respective High Courts with the matter.

Petitioners noted that similar laws are on the way in Madhya Pradesh and Haryana. They argued that it is ‘obnoxious’ to put the burden of proof on married couples to show that it is not conversion by marriage and highlighted incidents of mobs disrupting interfaith marriages ever since the enactment of the laws. The matter has been posted for hearing four weeks later.

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Contours of the ‘Love Jihad’ ordinance

Under the UP ordinance promulgated on November 28, an individual who forcefully marries a girl for the sheer purpose of converting her religion can face punishment up to 10 years in jail. Such a marriage will be declared null and void. Besides this, mass conversions shall be punishable with a jail term of 3-10 years and a fine of Rs. 50,000 on the organizations conducting it. If someone wants to convert to another religion, he/she has to submit an application to the District Magistrate two months in advance.  

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