Supreme Court Seeks States' Response To Pleas Challenging Validity Of Anti-Religious Conversion Laws

Today, the Supreme Court, while hearing a batch of petitions regarding the issue of religious conversion laws of various States, asked the States to file a reply to applications seeking stay of anti-conversion laws.

The Supreme Court has been hearing a petition filed by Citizens for Justice and Peace, and other connected petitions, challenging the validity of the enactments in the States of Uttar Pradesh, Himachal Pradesh, Madhya Pradesh, Uttarakhand, Gujarat, Chhattisgarh, Haryana, Jharkhand and Karnataka.

The Bench of Chief Justice B.R. Gavai and Justice K. Vinod Chandran heard the matter and granted four weeks time to file their reply. 

Senior Advocate CU Singh, appearing for one of the Petitioners, apprised the Court that there was a batch of petitions challenging laws characterised as freedom of religion and said, "They are virtually like anti-conversion laws. Now, this gain tremendous urgency because several States are amending and making the law more and more stringent."

Singh also highlighted that such amendments has made it virtually impossible to get bail in case a person does an inter-faith marriage.

"These are constitutional challenges...list them because of the urgency. Several States have enacted, and more States are to enact", said Singh.

While, Senior Advocate Indira Jaising, appearing for the State of Madhya Pradesh in one of the Petitions, urged for continuance of the stay order, earlier granted by the Court.

Advocate Vrinda Grover, appearing for the National Federation of Indian Women, informed the Court that similar applications had been filed in regard to the religious conversion laws in Uttar Pradesh and Haryana.

CJI asked whether any reply had been filed by the States; however, it was told that no reply had been filed yet.

Upon which, CJI said, "File a reply."

Subsequently, Advocate Ashwini Kumar Upadhyay informed the Court that he had filed a Writ Petition seeking ban on deceitful religious conversion.

However, CJI directed to de-tag the said Writ Petition.

Accordingly, the Court granted time to States to file a reply on the issue of anti-conversion laws.

 Background

A batch of pleas against anti-conversion laws of several states regulating religious conversion due to interfaith marriages and matters related to deceitful religious conversions was considered by the Supreme Court. 

Earlier, in 2023, Attorney General raised his objections to the Supreme Court hearing the pleas challenging state legislations, bypassing the High Courts. The CJI responded by saying that the objection will be considered on Friday.

The Supreme Court had also heard two Special Leave Petitions filed respectively by the States of Gujarat and Madhya Pradesh challenging interim orders passed by the High Courts of Gujarat and Madhya Pradesh granting a stay on certain provisions of the State enactments, namely, the Gujarat Freedom of Religion Act 2003 and the Madhya Pradesh Freedom of Religion Act 2021.

A Christian man from the Roman Catholic Denomination had approached the Supreme Court filing a Writ Petition seeking action against deceitful religious conversions done by other Christian denominations.

Earlier, while hearing the batch of cases against deceitful religious conversions, the Supreme Court had asked the Attorney General to assist the Court in the matter.

During an earlier hearing, the Court had observed that the purpose of charity should not be conversion.

Cause Title: Citizens For Justice And Peace Versus The State Of Uttar Pradesh And Anr W.P.(Crl.) No. 428/2020 Pil-W