Supreme Court Issues Notice On Another Petition Filed By Teesta Setalvad's NGO CJP Challenging Anti-Conversion Laws Of 5 More States

In a separate petition filed before the Supreme Court of India, the Centre for Justice and Peace (CJP) has challenged five more religious conversion laws. In the earlier petition filed in 2021, the CJP had challenged religious conversion laws of Uttarakhand, Himachal Pradesh, Uttar Pradesh, and Madhya Pradesh. Initially, a three-judge Bench headed by Chief Justice S.A Bobde, Justice V Ramasubramanian, and Justice AS Bopanna had issued notice to the Uttarakhand and UP, and had later allowed CJP’s amendment petition on February 17, 2021 seeking addition of the Madhya Pradesh Freedom of Religion Ordinance, 2020 and Himachal Pradesh Freedom of Religion Act, 2019 to also be challenged for their constitutional validity.

The new petition filed by CJP (WP(Crl) 14/2023) has challenged the following laws:

1. Chhattisgarh Dharma Swantantraya Adhiniyam [Freedom of Religion] Act, 1968 (as amended by the Chhattisgarh Freedom of Religion (Amendment) Act, 2006)

2. Gujarat Freedom of Religion Act, 2003 (as amended by the Gujarat Freedom of Religion (Amendment) Act, 2021)

3. The Haryana Prevention of Unlawful Conversion of Religion Act, 2022

4. Jharkhand Freedom of Religion Act, 2017, along with the Jharkhand Freedom of Religion Rules, 2017

5. Karnataka Protection of Freedom of Religion Act, 2022.

The previous writ petition field by CJP in 2021 challenged the following laws :

1. Uttarakhand Freedom of Religion Act, 2018

2. Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021

3. Madhya Pradesh Freedom of Religion Act, 2021

4. Himachal Pradesh Freedom of Religion Act, 2019

As per the petition, the Acts in question are "wholly contrary to the constitutional scheme, encroach upon individual autonomy and privacy, imperil the life and safety of inter-faith couples and therefore violate the Fundamental Rights of Indians protected under Article 14, 21 and 25 of the Constitution of India."

The Acts have provisions which mandate prior notice to the District Magistrate to change one's faith. It is highlighted that this provision can create difficulties for inter-faith couples.

CJP has contended that the Acts in question, in placing "unreasonable fetters" on persons wishing to convert from any faith, and in some cases even requiring persons wishing to convert to give a prior public declaration of their intention to convert, are violative of the rights of individuals to privacy, which is an essential component of Article 21, and also constitute an unreasonable restraint on their right to practice the religion of their choosing, a right protected by Article 25 of the Constitution.

A bench of the Apex Court led by CJI DY Chandrachud is currently hearing a batch of petitions challenging religious conversion laws including petitions by CJP and Jamiat Ulama-i-Hind.

The Centre has filed an objection to the locus standi of CJP in the filing the petition by citing the criminal cases pending against its founder Teesta Setalvad. On February 3, the Supreme Court issued notice on CJP's new petition as well, asking the concerned States to file their counter-affidavits within 3 weeks.

Case Title : Citizens for Justice and Peace vs Union of India | WRIT PETITION (CRIMINAL ) No. 14 of 2023

Click here to read/download the order