Supreme Court to Hear All Petitions Challenging Anti-Conversion Laws

The Supreme Court on Tuesday (September 16) transferred to itself all petitions pending before different High Courts that challenge state laws on religious conversion. These petitions will now be heard together with the already pending challenges before the apex court.

A Bench led by Chief Justice of India (CJI) BR Gavai and Justice K Vinod Chandran passed the order while hearing a case filed by NGO Citizens for Justice and Peace. The NGO has questioned the constitutional validity of anti-conversion laws enacted by several States including Uttar Pradesh, Himachal Pradesh, Madhya Pradesh and Uttarakhand.

Senior Advocate Indira Jaising suggested that all similar petitions be brought before the Supreme Court. Additional Solicitor General KM Natraj, representing Madhya Pradesh, said the State had no objection to the transfer. The Court then directed that all such matters be clubbed together.

The Bench also noted that it would take up the request to stay the operation of these laws after six weeks.

During the hearing, Senior Advocate CU Singh raised concerns about the Uttar Pradesh law, saying it imposed a minimum sentence of 20 years, harsh bail conditions similar to the Prevention of Money Laundering Act (PMLA), and a reverse burden of proof. He argued that such provisions made it nearly impossible for anyone in an interfaith marriage to secure bail, and also highlighted misuse of these laws during festivals.

Advocate Vrinda Grover added that the rules framed by Haryana and the UP law were under challenge, and a stay had been sought on their implementation.

Meanwhile, Advocate Ashwini Upadhyay sought a ban on deceitful religious conversions. However, the CJI observed that the Court was currently examining the constitutional validity of the laws, not framing new ones. His plea was separated from the main case.

The Court had earlier, in 2021, allowed Jamiat Ulama-i-Hind to intervene in the matter, after the organisation alleged that Muslims across India were being harassed under these anti-conversion laws.

The case will now come up after six weeks, when the Court will consider the plea to stay these laws until a final decision is reached.