The Uttar Pradesh government has filed a transfer petition before the Supreme Court praying that petitions pending before Allahabad High Court challenging the ordinance regulating inter-faith marriage and religious conversion should be transferred to the top court.
This development came to light when a petition challenging the recently enacted Uttar Pradesh Prohibition of Unlawful Conversion of Religion Ordinance, 2020 came up for hearing before the Allahabad High Court on Monday.
An adjournment in that matter stating that the State has filed a transfer petition in Supreme Court for transferring cases of similar nature to the apex court.
It was also submitted that the transfer petition before Supreme Court is likely to come up for hearing this week.
The Allahabad High Court then proceeded to adjourn the case before it for January 25.
"It is also stated that an application is preferred before the Supreme Court, where a writ petition of similar nature is pending consideration, to transfer the instant petition and all other petitions of similar nature for adjudication by the Apex Court. In view of the statement so given, we deem it appropriate to adjourn this petition for writ," the High Court recorded in its order.
The controversial ordinance titled, Uttar Pradesh Prohibition of Unlawful Conversion of Religion Ordinance, 2020 (Uttar Pradesh Vidhi Virudh Dharma Samparivartan Pratishedh Adhyadhesh, 2020 in Hindi) was cleared by the UP State Cabinet in November and was signed off by the State Governor, Anandiben Patel on November 28.
The ordinance lays down a detailed procedure to be followed before an individual can convert from one religion to another. Violation of the same entails criminal liability on the individual who undergoes conversion and the individual who converts the person.
The ordinance also states that no person shall convert or attempt to convert either directly or otherwise any other person from one religion to another by use or practice of misrepresentation, force, undue influence, coercion, allurement or by any fraudulent means or by marriage nor shall any person abet, convince or conspire such conversion
The ordinance was challenged before the Allahabad High Court on the ground that it is violative of privacy and individual autonomy guaranteed under Article 21 of the Constitution of India. The High Court had issued notice in the matter on December 18, 2020.
Subsequently, petitions also came to be filed before the Supreme Court challenging the UP ordinance as well as a similar law enacted by Uttarakhand in 2018.
The Supreme Court, on January 6, issued notice to the UP and Uttarakhand governments on the challenge to the laws but declined to stay them.
Later, the Madhya Pradesh government also promulgated an ordinance which mirrored the UP ordinance, which has been reportedly challenged.
[Read Allahabad High Court Order]