However, the court refused to stay laws enacted by Uttar Pradesh and Uttarakhand to punish marriages based on religious conversion.
Hearing petitions challenging the love jihad ordinance in Uttar Pradesh and Freedom of Religion Act, 2018 in Uttarakhand, the apex court today issued notices to the two state governments. However, the court refused to stay laws enacted by Uttar Pradesh and Uttarakhand to punish marriages based on religious conversion.
On the petitions filed by advocate Vishal Thakre and Teesta Setalvad’s NGO Citizens for Justice and Peace (CJP), the three-judge bench headed by Chief Justice of India (CJI) SA Bobde also issued a notice to the Centre.
The matter has been posted for four weeks later.
Appearing for the CJP, senior Advocate Chander Uday Singh, sought for a stay on the provisions of the law which mandate that prior permission should be obtained for religious conversions for marriage. The provisions are ‘oppressive’ and that ‘prior permissions to marry is absolutely obnoxious’, CU Singh submitted, adding that many innocent persons have been picked up by police on the basis of UP Ordinance alleging ‘Love Jihad’.
The bench, not interested in entertaining the petitions, asked the petitioners to approach the respective High Courts.
The Allahabad High Court was already considering the challenge against the laws, Solicitor General Tushar Mehta told the bench.
“The challenge is already pending in High Courts. Why don’t you go there? We are not saying you have a bad case. But you must approach the High Courts,” said CJI Bobde.
After CU Singh and Advocate Pradeep Kumar Yadav(appearing in the connected matter) submitted that they are challenging laws of two states, which are creating widespread problems in the society, the CJI changed his mind and said the court will issue the notice.
The lawyers submitted that more states, like Madhya Pradesh and Haryana, are mulling similar laws. When cases are pending in more than one High Courts, it is appropriate that the apex court considers the matter, Yadav submitted.
“Alright. We will issue notice”, CJI said after much persuasion by the two lawyers.
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