NEWS: Supreme Court refuses to stay UP, Uttarakhand laws on inter-faith marriage, conversion

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The Supreme Court declined to stay the ordinance promulgated by the Uttar Pradesh and law in forced by Uttrakhand government regulating inter-faith marriages and religious conversion.

The Bench of Chief Justice of India SA Bobde, and Justice AS Bopanna and Justice V Ramasubramanian, however, agreed to examine the validity of the ordinance and the laws and issued notice to UP and Uttarakhand governments.

The petition challenging the Constitutional Validity of Uttrakhand Freedom of Religion Act, 2018 and Uttar Pradesh Prohibition of Unlawful Conversion of Religion Ordinance, 2020 which regulate religious conversion and inter-faith marriages.

The Petition filed by Delhi based lawyer under Article 32 of the Constitution of India stated that the ordinance and law are violative of Articles 21 and 25 as it empowers the State to suppress an individual’s personal liberty and the freedom to practice the religion of one’s choice.

Majorly the plea highlighted that the UP ordinance casts the burden of proof on the accused against the established principles of criminal jurisprudence.

The Petition stated that “The burden of proof gets shifted and it is dangerous as it is a non bailable offence and also under a circumstance where they are pitched against hostile communities and family members who masquerade in the glory of protection of women,”

Therefore CJI Bobde opined that a Stay cannot be issued unless the opposition parties are heard especially under Article 32 of the Constitution of India Jurisdiction & asked States to file replies within 4 Weeks.