SC refuses to entertain plea by UP government about the Love-Jihad Ordinance

Plea challenges Madhya Pradesh Freedom of Religion Ordinance, says it is a fraud on Constitution

The Supreme Court has recently refused to transfer a set of petitions filed in Allahabad High Court that challenged the Love Jihad ordinance brought by the Uttar Pradesh Government. The Uttar Pradesh Prohibition of Unlawful Conversion of Religion Ordinance, 2020 called for a specific procedure to be followed before an individual converts to another religion. The ordinance said that the conversion should not be due to force, undue influence, coercion, or by any other means. If this is violated both the converter and the converted would face charges of criminal liability. The representative of the UP-government, PS Narasimha, urged for the transfer since it would lead to fewer court proceedings if the Supreme Court only decided. This was invoked under Article 139A which seeks to take down a multiplicity of proceedings and conflicting decisions. But the bench headed by the Chief Justice of India SA Bobde refused to let the case be judged in the Supreme Court. The CJI stated that even the High Court was a constitutional court, and the Supreme Court cannot interfere until the High Court has decided.

Joshua Joseph
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