The Supreme Court, on Tuesday, took over all cases challenging the constitutional validity of the anti-conversion laws promulgated by the states from the respective High Courts.
The move consolidates challenges to laws in states such as Uttar Pradesh, Himachal Pradesh, Madhya Pradesh, Uttarakhand and Gujarat, among others, reported Bar and Bench.
Except for Himachal Pradesh, the BJP is in power in all the other states.
A bench of Chief Justice of India B.R. Gavai and Justice K. Vinod Chandran ordered the petitions be moved to the apex court.
After hearing the counsel for the petitioner and the states, CJI Gavai directed: “Ok, transfer all such petitions here. Amendment application allowed.”
Senior counsel Indira Jaising had informed the bench, “Let other such pending petitions be transferred here. It will be a challenge to all such laws.”
Additional Solicitor General K.M. Nataraj, appearing on behalf of the state of Madhya Pradesh said the state had no objection to the transfers.
The apex court said it will consider the prayer to stay the operation of such laws after six weeks. “List after six weeks for the consideration of the applications seeking stay,” the bench stated.
Senior Advocate C.U. Singh highlighted the severity of provisions under Uttar Pradesh’s Prohibition of Unlawful Conversion of Religion Act, 2021.
“This is basically an anti-conversion law titled Freedom of Religion Act. Now, as courts grant bails, etc…UP has now made the minimum sentence of 20 years, coupled with twin conditions of bail on par with PMLA...and reverse burden of proof. (For) anyone in an interfaith marriage, it makes bail impossible. 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 etc.,” Singh told the Court.
Advocate Vrinda Grover added, “We have challenged the UP law and the conversion rules in Haryana in another application. We have sought a stay.”
The bench directed the states to file their responses within four weeks. Petitioners will have two additional weeks to file rejoinders.
The petitions before the Supreme Court challenge a set of state laws like the Uttar Pradesh Prohibition Of Unlawful Conversion Of Religion Act, 2021; Uttarakhand Freedom Of Religion Act, 2018; Himachal Pradesh Freedom Of Religion Act, 2019; Madhya Pradesh Freedom Of Religion Act, 2021; and the Gujarat Freedom of Religion (Amendment) Act, 2021.
The pleas argue that such laws force individuals to disclose their faith, violating the right to privacy and freedom of belief. They also contend that in interfaith marriages, where conversion often occurs, the laws empower family members to file complaints, creating avenues for harassment.
In 2021, the apex court allowed Jamiat Ulama-i-Hind to intervene after the organisation alleged that Muslims across the country were being harassed under these laws. The organisation had also challenged provisions linked to so-called “love jihad.”
Advocate Ashwini Upadhyay pressed for directions to ban deceitful and wrongful religious conversions.
“Who will find out if it’s deceitful or not?” CJI Gavai asked him.
“We are here challenging the vires of law, and here he seeks to enact a law,” Senior Advocate C.U. Singh observed.
“Mr. Upadhyay, your plea and IA is de-tagged,” the CJI ruled.
Upadhyay’s petition had urged the Centre and states to enact a composite law against fraudulent conversions.