The Supreme Court on Monday issued notice to the Uttar Pradesh government, the Uttarakhand government and the Central government on the petitions challenging validity of the ‘love jihad’ laws, introduced to punish those influencing conversion for marriage by impersonation. However, the top court refused to stay laws enacted by Uttar Pradesh and Uttarakhand to punish marriages based on religious conversion.
The SC was hearing petition filed by advocate Vishal Thakre and Teesta Setalvad’s NGO Citizens for Justice and Peace, challenging the constitutional validity of the recently passed Uttar Pradesh Prohibition of Unlawful Conversion of Religion Ordinance 2020 and the Uttarakhand Freedom of Religion Act, 2018.
Advocate and petitioner Vishal Thakre in his plea said that due to the Ordinance, injustice has been done to the persons /citizens who had done nothing wrong but still have to face the consequences.
It is also pertinent to mention herein that the Ordinance passed by the state government/s of Uttar Pradesh and Uttarakhand is against the provisions Special Marriage Act, 1954 and it will create fear in the society who is/are not part of “love jihad”; they can be falsely implicated in the Ordinance, the plea said
This Ordinance can become a potent tool in the hands of bad elements to use it to falsely implicate anyone and there are probabilities of falsely implicate persons who are not involved in any such acts and it will be a grave injustice if this Ordinance is passed, the plea added.
The plea further said that it will be a weapon in the hands of some people to whom they can falsely implicate in the false case. The Centre has the right to make laws for the states as per Article 254 of the Constitution of India, if there is inconsistency between laws made by Parliament and laws made by the legislatures of state, in that case the law enacted/passed by the Centre will prevail, the plea said
The state governments have to rethink their decision to pass its decision of the above-mentioned ordinance, the plea added. If this Ordinance is implemented, it will be against the public police and this Ordinance will harm public at large and will create a chaotic situation in society, the plea said.