The Supreme Court on Tuesday refused to grant an urgent hearing to a batch of petitions seeking a stay on anti-conversion laws enacted by several states, including Uttar Pradesh, Gujarat, and Madhya Pradesh.
A bench comprising Chief Justice B.R. Gavai and Justices K. Vinod Chandran and N.V. Anjaria said the matter would be listed in December. When a counsel appearing for one of the petitioners pressed for an early hearing next week, the Chief Justice remarked, “It is not possible. I have to write judgments,” noting that he is set to retire on November 23.
The petitions challenge the constitutional validity of anti-conversion laws passed by states such as Uttar Pradesh, Madhya Pradesh, Himachal Pradesh, Uttarakhand, Chhattisgarh, Gujarat, Haryana, Jharkhand, and Karnataka. These laws regulate or criminalise religious conversions, particularly those alleged to occur due to interfaith marriages.
Earlier, on September 16, the same bench had sought responses from the states on the interim pleas seeking a stay on the operation of these laws. While issuing notices, the Court clarified that it would consider the request for a stay after receiving the replies. The states were given four weeks to respond, and the petitioners were allowed two weeks thereafter to file rejoinders.
The Union government had earlier questioned the locus standi of Citizens for Justice and Peace (CJP), the NGO led by activist Teesta Setalvad, which is one of the petitioners. The Centre alleged that the NGO was “allowing its name to be used at the behest of selected political interests” and had collected “huge funds by exploiting the agonies of riot-affected people.”
The petitions contend that the anti-conversion laws violate fundamental rights under Articles 21 and 25 of the Constitution, which guarantee personal liberty and the freedom to profess, practice, and propagate religion. The petitioners argue that these laws confer excessive power upon the State to interfere with an individual’s right to choose and change one’s faith.
The Supreme Court had earlier, on January 6, 2021, agreed to examine the constitutional validity of similar laws enacted by Uttar Pradesh and Uttarakhand, which regulate religious conversions due to interfaith marriages.
The Uttar Pradesh law, notably, covers not only interfaith marriages but all forms of religious conversion, mandating prior official procedures for anyone wishing to change their faith. The Uttarakhand statute prescribes up to two years of imprisonment for conversion by “force or allurement,” which includes promises of cash, employment, or material benefits.
The matter will now be taken up in December for further consideration.
