THE SUPREME COURT TODAY transferred to itself the petitions pending before various High Courts in BJP-ruled states challenging the controversial laws regulating religious conversion upon inter-faith marriages, which also contain stringent provisions for bail and prolonged sentences.
A bench of Chief Justice B.R. Gavai and Justice K. Vinod Chandran issued notice to the Centre and the governments of Uttar Pradesh, Gujarat, Rajasthan, Madhya Pradesh, Chhattisgarh, Uttarakhand and Haryana, directing them to respond within four weeks. The matter will be taken up after six weeks to consider the prayer for stay of these laws.
Senior advocate Chander Uday Singh, appearing for one of the petitioners, told the bench that the Uttar Pradesh law—styled as the Freedom of Religion Act—prescribes a minimum sentence of 20 years or natural life, with twin bail conditions similar to the stringent Prevention of Money Laundering Act and a reverse burden of proof on the accused. “Anyone in an interfaith marriage. it makes bail impossible. Several states are enacting them. Rajasthan also enacted a law a few weeks ago. Any person can make a complaint. Mobs are picking them up during festivals, etc.,” he said.
Singh also sought permission to file an amendment application to challenge the newly inserted provisions in the UP law, stressing that it was impossible for an accused in such cases to get bail.
Senior Advocate Indira Jaising, seeking transfer of a case pending before the Madhya Pradesh High Court in which she is appearing, said that all similar petitions should be brought before the Supreme Court for a comprehensive challenge to the laws.
Senior Advocate Indira Jaising, seeking transfer of a case pending before the Madhya Pradesh High Court in which she is appearing, said that all similar petitions should be brought before the Supreme Court for a comprehensive challenge to the laws.
Agreeing to the transfer, Additional Solicitor General K.M. Nataraj, appearing for Madhya Pradesh, said, “We have no objection to transfer.”
“Ok, transfer all such petitions here. Amendment application allowed,” the bench said, while CJI Gavai observed that it will take time to decide on the validity of the laws.
Advocate Vrinda Grover informed the bench that petitions challenging the Uttar Pradesh law and Haryana rules have also been filed.
There are 14 cross-petitions before the top Court questioning the validity of such laws. In two instances, the Gujarat and Madhya Pradesh governments have themselves approached the Supreme Court challenging the interim orders of their respective High Courts, which had stayed certain provisions of the Gujarat Freedom of Religion Act, 2003, and the Madhya Pradesh Freedom of Religion Act, 2021.
Disclosure: One of the counsels appearing in the case is one of the founders of The Leaflet.