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GS-II : Indian Polity State Legislatures

07 January, 2021
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SC Judicial Activism and Anti Conversion Law

SC Judicial Activism and Anti-Conversion Law

The Supreme Court on Wednesday agreed to examine the constitutional validity of laws enacted by States, such as Uttar Pradesh and Uttarakhand, that criminalise religious conversion via marriage and mandate prior official clearance before marrying into another faith.
A Bench led by Chief Justice of India Sharad A. Bobde, however, did not stay the implementation of the Prohibition of Unlawful Conversion of Religion Ordinance, 2020 and the Uttarakhand Freedom of Religion Act, 2018, despite fervent pleas.
Mr Singh argued that the burden of proof was on those who married to show they were not doing so to get converted. “Those who are found guilty under these laws stare at a 10-year prison sentence. The offences are non-bailable. We are getting reports that people are being picked up in the middle of weddings on suspicion of religious conversion,” he said.
However, the Bench, which asked the petitioners to go to the respective State High Courts with their challenge, did not stay the implementation of the laws.
“This is the problem. We have already issued a notice. You have come here under Article 32 of the Constitution...” Chief Justice Bobde said and resisted the plea to stay.
Mr Singh said the laws concerning violation of the fundamental rights of dignity and liberty enshrined under Article 21.
They had been enacted despite a series of judgments by the Supreme Court, including in the Hadiya case, that right to marry a person of one’s choice was part of an adult’s privacy.

Click here to read about the UP Anti Conversion Bill

Click here to read the Analysis of UP Anti Conversion Bill

Click here to read about the MP Anti Conversion Bill

Source: TH

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SC Judicial Activism and Anti Conversion Law

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