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Express News Service
NEW DELHI: A bench headed by CJI DY Chandrachud is scheduled to hear pleas challenging controversial state laws passed by Uttar Pradesh and Freedom of Religion Act, 2018 in Uttarakhand that regulates religious conversions due to interfaith marriage on January 2.
The laws were enacted by the state governments of UP and Uttarakhand for punishing marriages solemnised pursuant to religious conversion. The UP ordinance which was promulgated in November 2020 prescribes jail terms ranging from one to five years for the ones convicted under the same and also imposes a fine of Rs 15,000/-.
Additionally, conversion of women belonging to SC, ST and minors attracts imprisonment up to 10 years and a fine of Rs 25,000. On the other hand, the law passed by the Uttarakhand government attracts imprisonment of two years for persons who are guilty of religious conversion through force or ‘allurement’.
The bench also comprising Justice PS Narasimha will hear pleas that have been filed by Vishal Thakre and Teesta Setalvad’s led NGO Citizens for Justice and Peace. It was argued in the plea that the ordinance can become a potent tool in the hands of bad elements of society to falsely implicate anyone. The plea also stated that it was obnoxious to put the burden of proof on married couples to show that it was not conversion by marriage.
“There are probabilities to falsely implicate persons who are not involved in any such acts and it will be a grave injustice if this ordinance is passed,” the plea said while seeking to declare the state laws as null and void.
In January 2021, the SC bench led by the then CJI SA Bobde refused to stay the laws that were enacted by the state governments. The bench had however sought a response from the state governments and agreed to consider the constitutionality of the laws passed in the name of “love jihad”.
NEW DELHI: A bench headed by CJI DY Chandrachud is scheduled to hear pleas challenging controversial state laws passed by Uttar Pradesh and Freedom of Religion Act, 2018 in Uttarakhand that regulates religious conversions due to interfaith marriage on January 2.
The laws were enacted by the state governments of UP and Uttarakhand for punishing marriages solemnised pursuant to religious conversion. The UP ordinance which was promulgated in November 2020 prescribes jail terms ranging from one to five years for the ones convicted under the same and also imposes a fine of Rs 15,000/-.
Additionally, conversion of women belonging to SC, ST and minors attracts imprisonment up to 10 years and a fine of Rs 25,000. On the other hand, the law passed by the Uttarakhand government attracts imprisonment of two years for persons who are guilty of religious conversion through force or ‘allurement’.
The bench also comprising Justice PS Narasimha will hear pleas that have been filed by Vishal Thakre and Teesta Setalvad’s led NGO Citizens for Justice and Peace. It was argued in the plea that the ordinance can become a potent tool in the hands of bad elements of society to falsely implicate anyone. The plea also stated that it was obnoxious to put the burden of proof on married couples to show that it was not conversion by marriage.
“There are probabilities to falsely implicate persons who are not involved in any such acts and it will be a grave injustice if this ordinance is passed,” the plea said while seeking to declare the state laws as null and void.
In January 2021, the SC bench led by the then CJI SA Bobde refused to stay the laws that were enacted by the state governments. The bench had however sought a response from the state governments and agreed to consider the constitutionality of the laws passed in the name of “love jihad”.
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