CITIZENS FOR JUSTICE & PEACE ALLEGES MISUSE OF ANTI-CONVERSION LAWS IN SC:

The human rights organization Citizens for Justice and Peace has filed an application before the Supreme Court, seeking interim relief concerning the alleged 'weaponisation' of anti-conversion laws enacted by various states across the country. A bench comprising Chief Justice Sanjiv Khanna and Justice Sanjay Kumar was hearing a batch of petitions challenging the constitutionality of religious conversion laws in Uttar Pradesh, Madhya Pradesh, Himachal Pradesh, Uttarakhand, Chhattisgarh, Gujarat, Haryana, Jharkhand, and Karnataka.

Senior Advocate CU Singh, appearing for the lead Citizens for Justice and Peace (CJP), submitted that an application has been made seeking interim relief in relation to the constant 'weaponisation' of the anti-conversion laws and sought notice to be issued in it. He said : "IA has been filed seeking interim relief. Now this is in light of the fact that there have been a series of incidents, these laws again and again are being used and weaponised - we want notice to be issued on that IA, My Lords"

Solicitor General Tushar Mehta refuted the submissions made by the petitioners, stating, “My Lords, there are no instances,” in response to the allegation that anti-conversion laws are being misused by various state governments.

Following this, Chief Justice of India Sanjiv Khanna directed the Attorney General for India, R Venkataramani, to examine the multiple applications filed by the petitioners. The bench requested the Attorney General to identify those applications to which the Union Government does not object, and to file appropriate responses in cases where objections do exist. The bench then passed the following order:

“There are a number of applications which have been filed. It will be open to non-applicants to file their response in these applications, notwithstanding the fact that notice shall not be issued. We have issued these directions to expedite the completion of pleadings.”

CJI Khanna further clarified that the matter will soon be scheduled for hearing on a non-miscellaneous day, ensuring a dedicated and detailed examination of the issues raised. The case involves a constitutional challenge to various anti-conversion laws enacted by several Indian states, which criminalize unlawful religious conversions. The Citizens for Justice and Peace (CJP), one of the main petitioners, has argued that these laws are being used to target interfaith couples and individuals who wish to convert to another religion of their own free will. The organization contends that such laws infringe upon an individual's fundamental right to freedom of choice and freedom of religion.

The Supreme Court had earlier issued notice in the matter in January 2020, when a bench led by then Chief Justice DY Chandrachud and Justice PS Narasimha agreed to examine the constitutional validity of these laws.

Subsequently, Jamiat Ulama-i-Hind approached the Supreme Court with a transfer petition seeking the consolidation of 21 similar cases pending in six different High Courts. These cases challenge the constitutionality of state laws related to religious conversions in Gujarat, Himachal Pradesh, Jharkhand, Karnataka, Madhya Pradesh, and Uttar Pradesh.

Notably, the High Courts of Gujarat and Madhya Pradesh have granted partial stays on specific provisions of their respective anti-conversion laws, the Gujarat Freedom of Religion Act, 2003 (as amended in 2021) and the Madhya Pradesh Freedom of Religion Act, 2021. These interim orders have subsequently been challenged by the State Governments of Gujarat and Madhya Pradesh before the Supreme Court.