Various Instances Of Anti-Conversion Laws Being Weaponised By States : Citizens For Justice & Peace Tells Supreme Court

The Human Rights Organisation, Citizens for Justice and Peace has filed before the Supreme Court an application seeking interim relief with regards the 'weaponisation' of anti-conversion laws enacted various states in the Country. 

The bench of CJI Sanjiv Khanna and Justice Sanjay Kumar was hearing the batch of petitions challenging the constitutionality of laws in Uttar Pradesh, Madhya Pradesh, Himachal Pradesh, Uttarakhand, Chhattisgarh, Gujarat, Haryana, Jharkhand and Karnataka dealing with religious conversions.. 

Senior Advocate CU Singh, appearing for the lead Citizens for Justice and Peace (CJP), submitted that an application has been made seeking interim relief in relation to the constant 'weaponisation' of the anti-conversion laws and sought notice to be issued in it. He said : 

"IA has been filed seeking interim relief. Now this is in light of the fact that there have been a series of incidents, these laws again and again are being used and weaponised - we want  notice to be issued on that IA, My Lords" 

Solicitor General Tushar Mehta refuted the submission, " My Lords, there are no instances." 

The CJI then asked the Attorney General for India R Venkataramani to consider the various applications which are filed by petitioners and inform the bench of the ones to which the Union may not have an objection to and file its response where there are objections. 

Bench then passed the following order : 

"There are a number of applications which have been filed. It will be open to non-applicants to file their response in these applications, notwithstanding the fact that notice shall not been issued. We have issued these directions to expedite the completion of pleadings." 

The CJI also clarified that the matter will be listed for hearing soon on a non-miscellaneous day. 

The present challenge is to the validity of various state laws which penalise unlawful conversions to other faiths. The CJP has stressed that such laws were against interfaith couples and those who wished to do interfaith marriages. It also contends that such laws were violative of an individual's freedom of choice and freedom to choose religion. 

The bench of then CJI, Justice DY Chandrachud and Justice PS Narasimha issued notice in the matter in January 2020. 

Later on, Jamiat Ulama-i-Hind filed a transfer petition in the Supreme Court seeking to transfer to it 21 cases pending in 6 High Courts challenging the laws relating to religious conversions enacted by various states.

Out of the 6 High Courts, where these Petitions are pending – Gujarat, Himachal Pradesh, Jharkhand, Karnataka, Madhya Pradesh, and Uttar Pradesh, in two States i.e. Gujarat and Madhya Pradesh, partial stay have been granted with regards the provisions of the Gujarat Freedom of Religion Act, 2003 (as amended in 2021) and the Madhya Pradesh Freedom of Religion Act, 2021 by the respective High Courts of the concerned States.

The State of Gujarat and the State of Madhya Pradesh have challenged the said interim orders of their respective High Courts.

Case Details : Citizens for Justice And Peace v. State of Uttar Pradesh And Anr. WP(Crl) No. 428/2020 and connected matters