UP Govt seeks transfer of anti-Love Jihad ordinance pleas from Allahabad HC to SC

In a key development, Uttar Pradesh government has sought transfer of pending pleas in Allahabad High Court against anti-Love Jihad ordinance to Supreme Court. This application has been filed under Article 139A after a division bench of Allahabad HC comprising Chief Justice Govind Mathur and Justice Saurabh Shyam Shamshery refused to stop hearing petitions. UP government highlighted that similar petitions are being heard by a three-judge bench of apex court comprising CJI SA Bobde, Justice V Ramasubramanian and Justice AS Bopanna.

se petitions are likely to be listed for hearing in month of February. On or hand, Allahabad HC has scheduled matter for final hearing on January 25. 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. 

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

UP government defends ordinance

Under Uttar Pradesh Prohibition of Unlawful Conversion of Religion Ordinance, 2020, 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: 'Gujarat Govt Studying Anti-conversion Laws Of MP & UP': Dy CM Patel On Love Jihad Law