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Case Overview

Case Name: Citizens for Justice and Peace vs. State of Uttar Pradesh and ors and connected matters

A Bench of Chief Justice of India BR Gavai and Justice K Vinod Chandran heard petitions challenging various Freedom of Religion Act legislations . The petitions question the constitutionality of anti-conversion laws enacted by States including Uttar Pradesh, Himachal Pradesh, Madhya Pradesh and Uttarakhand . The Court has now consolidated all such challenges by transferring them from High Courts to the Supreme Court of India .

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Key Aspects

The Court examined several petitions that highlighted the social, legal and constitutional issues posed by anti-conversion laws . The focus was on their impact on personal liberty, interfaith marriages and misuse by authorities .

• Citizens for Justice and Peace and other NGOs challenged State laws on religious conversion .
• Concerns raised on the harsh provisions of the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act .
• Senior lawyers argued that such laws enable misuse, mob harassment and violation of individual rights .
• Some States supported the transfer, while petitioners sought a stay on the operation of these laws .
  

Legal Insights

The validity of these laws is being tested against constitutional guarantees and criminal procedure principles . Petitioners argue that they infringe on freedoms under the Constitution and impose disproportionate penalties .

• Article 14 of Constitution – Laws allegedly violate equality before law due to arbitrary provisions .
• Article 19(1)(a) & 19(1)(b) of Constitution – Restrictions on expression and association in interfaith marriages .
• Article 21 of Constitution – Violation of right to life, liberty and personal autonomy .
• Article 25 of Constitution– Restricts the right to freely profess, practice and propagate religion .
• Petitioners also objected to reverse burden of proof and stringent bail conditions under UP law comparing them to provisions under PMLA .
  

Court’s Verdict

The Supreme Court of India ordered the transfer of all pending High Court cases to itself . It directed States to file replies and listed the matter after six weeks to consider the plea seeking stay on the operation of these anti-conversion laws .

Source – Supreme Court of India 

Read also – Constitution of India

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