The Supreme Court has listed for January 20 a batch of petitions challenging anti-conversion laws enacted by nine States, including UP, MP and Gujarat. The Court has directed all States to file their counter affidavits within three weeks.
The Supreme Court of India is hearing a group of petitions that challenge the constitutional validity of anti-conversion laws passed by several States. These laws have been enacted by Uttar Pradesh, Madhya Pradesh, Himachal Pradesh, Uttarakhand, Chhattisgarh, Gujarat, Haryana, Jharkhand and Karnataka.
The petitioners have questioned whether these laws violate fundamental rights, especially the right to freedom of religion.
The case is titled Citizens for Justice and Peace v. State of Uttar Pradesh & Anr. and is registered as W.P. (Crl.) No. 428 of 2020. The matter is being heard by a Bench consisting of Justice Surya Kant and Justice Joymala Bagchi.
At the beginning of the hearing, Solicitor General Tushar Mehta informed the Court about the subject matter of the case, stating,
“Item 21 is the challenge to some states passing anti conversion laws.”
During the hearing, counsel appearing for the petitioners requested immediate protection from the Court and argued that there was an urgent need for interim relief.
The counsel said,
“There is urgent need for interim relief.”
In response, the Solicitor General clarified the scope of the hearing and stated,
“You are not on merits.”
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The counsel replied that the arguments were only to explain the urgency and not the full merits of the case. The counsel highlighted serious concerns with the anti-conversion laws and said,
“I am just on urgency. There are laws which reverses the burden of proof. Like laws on terrorism and anyone can bring up a complaint not just an aggrieved.”
After hearing the submissions, the Chief Justice of India indicated when the matter would be taken up for detailed hearing and said,
“We are keeping in the third week of January.”
At this point, Solicitor General Mehta expressed his concern about public reporting of the case and remarked,
“I have much to say but I cant say it when the matter is not being heard just for getting reported.”
The Court then passed a short procedural order directing the States to respond to the petitions. The order stated,
“List the matter on the given date. In the meantime, the States shall file their counter affidavits within a period of three weeks.”
Explaining why the Court was granting time to the States, the Chief Justice of India made an important observation and said,
“Had this been a challenge to a Central law, we could have called for a single counter affidavit. Since these are State enactments, each State must be given an opportunity to respond. I have also not examined at this stage whether the provisions are pari materia or not.”
The Supreme Court finally scheduled the matter for further hearing, and the case has been listed for 20th January, when the Court is expected to examine the issues in greater detail after receiving responses from the States.
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Case Title:
Citizens for Justice and Peace v. State of Uttar Pradesh & Anr.,
W.P. (Crl.) No. 428/2020
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