SC Turns Down UP Govt s Application to Transfer Pleas Challenging Love Jihad Law to Itself If the Allahabad high court is seized of it, we are not going to hear before it, why should we stop the HC?
The Supreme Court of India. Photo: Reuters
Law25/Jan/2021
New Delhi: The Supreme Court has refused the Uttar Pradesh government’s plea to transfer to the apex court all petitions challenging the ‘love jihad’ ordinance filed in the Allahabad high court.
“If the Allahabad high court is going to decide the cases, why should we interfere?” a bench headed by Chief Justice of India S.A. Bobde was quoted by
A bench headed by Chief Justice S A Bobde refused To stay the controversial provisions of the laws, but issued notices to UP and Uttarakhand governments on two different petitions.
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“Why should a human being be asked to disclose what is his religion?” “Why should a human being be asked to inform the authorities that he is changing his belief?” the Bench comprising then Chief Justice of the High Court Deepak Gupta and Justice Rajiv Sharma had said.
The court had also cited the fundamental right to privacy of an individual to strike down provisions requiring prior notice to the authorities for conversion, even as it acknowledged that several rulings in the Supreme Court had upheld the validity of anti-conversion laws as the Constitution provides for “public order” as ground for restricting freedom of religion.