The Allahabad HC Issued A Notice Challenging The Constitutional Validity Of Love Jihad Act, 2021

Overview

• The Allahabad High Court issued a notice on a plea filed by the Association for Advocacy and Legal Initiatives challenging Uttar Pradesh Prohibition of Unlawful Religious Conversion Act 2021.
• The court refused to allow the amendment application. It asked the petitioners to file a fresh petition challenging the act.

Love Jihad Act 2021

• The act was passed in February this year.
• It prohibits one person from converting the religion of another person by marriage.
• Violation of it is punishable with imprisonment for a term which is not less than one year but which may extend up to 5 years and with a minimum fine of 50,000
• If a woman is the one who converts the religion, the punishment is twice.

Proceedings

• The petitioner stated that the legislation is contrary to the authoritative pronouncement of a division bench of the High Court in the Salamat Ansari case.
• The petitioner argued that the act infringes their fundamental rights, i.e. right to choice and right to change of faith.
• Petitioner submitted that there exists no emergent ground to exercise the ordinance making power provided under Article 213 of the Indian Constitution.
• The state failed to show any unforeseen or urgent situation to justify the law.
• The UP government claimed that ordinances apply to all kinds of forceful conversions. It is not only confined to interfaith marriages.
• Earlier Supreme Court denied entertaining petitions against the law. It asked the parties to approach High Court.

Do you think the act violates our fundamental rights? Let us know in the comment section below!