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DAILY NEWS ANALYSIS
27 June, 2021
9 Min Read
UPSC GS-PAPER-2 GOVERNANCE – Article -21 & 25 related issue
Context: Highly important to study secularism. UP Government initiated the war against LOVE JIHAD which many groups of people considered the dilution of fundamental rights and freedom of conscience. Article 21 is in the debate which permits the RIGHT TO MARRIAGE.
The Uttar Pradesh government has recently passed an ordinance to deal with unlawful religious conversions, which are in opposition of various judgements of the Supreme Court.
What it is?
UP Unlawful Religious Conversion Prohibition Ordinance, 2020:
SC on Marriage and Conversion:
Previous Judgements:
Lata Singh Case 1994: The apex court held that India is going through a “crucial transformational period” and the “Constitution will remain strong only if we accept the plurality and diversity of our culture”. Relatives disgruntled by the inter-religious marriage of a loved one could opt to “cut off social relations” rather than resort to violence or harassment.
Hadiya Judgement 2017: Matters of dress and of food, of ideas and ideologies, of love and partnership are within the central aspects of identity. Neither the State nor the law can dictate a choice of partners or limit the free ability of every person to decide on these matters.
K.S. Puttuswamy or ‘privacy’ Judgment 2017: Autonomy of the individual was the ability to make decisions in vital matters of concern to life.
Soni Gerry case, 2018: The SC warned judges from playing “super-guardians”, succumbing to “any kind of sentiment of the mother or the egotism of the father”.
Salamat Ansari-Priyanka Kharwar case of Allahabad High Court 2020: The right to choose a partner or live with a person of choice was part of a citizen’s fundamental right to life and liberty (Article 21). It also held that earlier court rulings upholding the idea of religious conversion for marriage as unacceptable are not good in law.
It’s the duty of the executive and then judiciary to preserve the conscience of the constitution, particularly the preamble. Thus, the government implementing such laws needs to ensure that these do not curb one’s Fundamental Rights or hamper national integration instead, these laws need to strike a balance between freedoms and malafide conversions.
Source: AspireIAS
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