The Jamiat Ulama-i-Hind organization filed a petition with the Supreme Court on Thursday, contesting the anti-conversion laws recently passed by the states of Uttar Pradesh, Madhya Pradesh, Gujarat, Uttarakhand, and Himachal Pradesh. The petition, filed as a public interest litigation (PIL), challenges the constitutional validity of:
– Uttar Pradesh Prohibition Of Unlawful Conversion Of Religion Act, 2021
– Uttarakhand Freedom Of Religion Act, 2018
– Himachal Pradesh Freedom Of Religion Act, 2019
– Madhya Pradesh Freedom Of Religion Act, 2021
– Gujarat Freedom of Religion (Amendment) Act, 2021.
The petition, submitted by lawyer Ejaz Maqbool, argues that the laws are being used to “harass” inter-faith couples and subject them to criminal charges. The PIL also claims that the provisions of all five acts require individuals to disclose their faith, which violates their right to privacy.
“It is submitted that the compulsory disclosure of one’s religion in any form amounts to violation of the right to manifest his/her beliefs as the said right includes the right not to manifest one’s beliefs,” the PIL said.
“It is submitted that the Acts are being misused by the disgruntled family members which is evident from the fact that as per a news report published by India Today on December 29, 2020 within one month of the Uttar Pradesh Ordinance (which was subsequently replaced by an Act), 14 cases were registered out of which only 2 were based on complaints by the victims and rest of the cases arose out of the complaints by family members,” the PIL further stated.
In its argument, Jamiat stated that all of the acts should be invalidated because they define “allurement” to include “undue influence.” The petition added that the phrase “undue influence” is too broad and ambiguous, and could be used to prosecute anyone who holds a position of power over the person being converted.
There are already petitions pending in various High Courts and the Supreme Court that challenge some of these laws and ordinances that preceded them.
