Synopsis: The organisation has argued that by violating the choice of an individual to convert to a religion of his/her choice, the ordinance attempts to violates each human being’s personal rights.
Islamic organisation, Jamiat Ulama-I-Hind, submitted to the Supreme Court on Wednesday challenging the validity of the ordinance, that is targeting and demonizing Muslim youth using the Uttar Pradesh ordinance on inter-faith marriages and religious conversion.
In this respect, the organisation filed an application before the top court seeking intervention in the pending case before the apex court challenging the Constitutional validity of the Uttar Pradesh Unlawful Religious Conversion Ordinance, 2020, and the Uttarakhand Freedom of Religion Act, 2018.
The petition states that the Applicant Organization wishes to raise the issue of the fundamental rights of Muslim youth who, through use of the Impugned Ordinance, are targeted and demonised, which is, in itself, unconstitutional and violates Articles 14, 21 and 25.
The ordinance, the applicant has claimed, attempts to regulate each human being’s personal decisions by violating the choice of an individual to convert to a religion of his/her choice.
“Allurement” means and includes, as per the ordinance, the offer of any temptation in the form of:
i. Any gift in cash or kind, gratification, easy money or material benefit;
ii. Employment, free education in a prestigious school run by any religious organisation; or
iii. Better lifestyle, divine discomfort, or otherwise.
The plea states, however, that if a person belonging to one religion, say Islam, gifts a non-Muslim, a book on the teachings of Islam and the said non-Muslim person who received the book after reading it decides to convert to Islam, the said conversion may be said to have taken place by “allurement” because it occurred after the convert was given a gift.
Furthermore, the application states that the ordinance gives State sanction and administrative support to the social hostilities faced by individuals who intend to have inter-faith marriages.
It is been further submitted that family members could also use the law against couples who are not happy with their children marrying some person from another faith.
In November, the State Cabinet cleared 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) and was signed off by State Governor, Anandiben Patel on 28th November.
A detailed procedure to be followed before an individual may convert from one religion to another is laid out in the ordinance. Violation of the same involves criminal liability for the person undergoing conversion and the person converting the person.
The ordinance also states that no person shall, by the use or practise of misrepresentation, force, undue influence, coercion, persuasion or by any fraudulent means, or by marriage, convert or attempt to convert, either directly or otherwise, any other person from one religion to another, nor shall any person encourage, induce or conspire to convert.
Importantly, the ordinance casts the burden of proof on the accused.
The ordinance for violation of the right to privacy pursuant to Article 21 and the right to religion pursuant to Article 25 of the Constitution has at least two petitions pending before the top court.
Notice on two petitions was issued on Wednesday morning by a bench headed by Chief Justice of India, SA Bobde. The Court, however, refrained from continuing the operation of the ordinance.