- Apprentice Lawyer
The Allahabad High Court today asked the State to file its response to the petition questioning the constitutional validity of the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Ordinance, 2020 which was promulgated on November 27, 2020.
The petition filed by one Saurabh Kumar has challenged the ordinance on the ground that it is violative of privacy and individual autonomy guaranteed under Article 21 of the Constitution of India.
The petitioner asserts that Sections 3, 4 and 6 of the ordinance provide the State with policing powers over a citizen's choice of life-partner or religion. The ordinance militates against the fundamental rights to individual autonomy, privacy, human dignity and personal liberty guaranteed under Article 21 of the Constitution, it is contended.
A Bench of Chief Justice Govind Mathur and Justice Piyush Agrawal has listed the matter as a fresh case on January 7, 2021.
Accordingly, the respondent-State has been directed to file a counter affidavit to the petition on or before January 4, 2021. A rejoinder affidavit, if any, may be filed by the petitioner on or before January 6, 2021.
The ordinance, the plea contends, was promulgated merely serve a political purpose and is motivated by communally divisive agenda, which could impact societal peace and harmony.
Petitions challenging the ordinance have also been moved in the Supreme Court.
Read the order here: