SC refuses to entertain UP govt's plea seeking transfer of anti-Love Jihad ordinance pleas

In a big development on Monday, Supreme Court refused to entertain  Uttar Pradesh government's application pertaining to pleas in Allahabad HC against anti-Love Jihad ordinance. Yogi Adityanath-led government had filed an application under Article 139A seeking transfer of se pending petitions in HC to apex court. When cases involving same or substantially same questions of law are pending before SC and one or more HCs, apex court has power to withdraw cases pending before HC and dispose of m itself. 

However, an SC bench headed by CJI SA Bobde ruled out need to interfere when Allahabad HC is going to decide cases. Maintaining that High Courts are constitutional courts, CJI lamented that some people are making light of HCs se days. While UP government's counsel argued for avoiding a multiplicity of proceedings before HC and SC, bench stated that it could t stop Allahabad High Court from delivering its verdict on pleas challenging constitutional validity of  Uttar Pradesh Prohibition of Unlawful Conversion of Religion Ordinance, 2020.

Read: In First Case Under 'Love-Jihad' Law, Man Arrested In Madhya Pradesh's Barwani Dist

UP's thrust against 'Love Jihad' 

Under aforesaid UP ordinance, an individual who forcefully marries a girl for sheer purpose of converting her religion can face a punishment of up to 10 years in jail. Such a marri will be declared null and void. Besides this, mass conversions shall be punishable with a jail term of 3-10 years and a fine of Rs.50,000 on organizations conducting it. If someone wants to convert to ar religion, he/she has to submit an application to District Magistrate two months in advance.

In its counter affidavit before Allahabad HC,  UP government submitted that Constitution abhors forceful conversion particularly in matter of religion. It said that ordinance was passed in "public interest" as re is a fear psychosis in society at large. Among many examples of what constitutes a forceful conversion cited in counter affidavit, one of m was a Hindu woman's conversion to Islam after marri with a Muslim man.

According to State government, such conversion is done out of compulsion as Muslim personal law treats such inter-religious marri as invalid. To buttress its point, it claimed that Hindu woman will be deprived of inheritance unless she gives up her faith and accepts Islam. Challenging maintainability of se pleas, it argued that HC cant test constitutionality of legislation in PILs. 

Read: Owaisi Alleges Yogi Govt 'persecuting Muslim Men' By Love Jihad Law After 91 Cases Booked