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The Allahabad High Court on Wednesday dismissed as withdrawn, the petitions challenging the constitutional validity of the Uttar Pradesh Prohibition of Unlawful Religious Conversion Ordinance, 2020, as the said Ordinance is an Act (Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021) now, with effect from 4rth March, 2021.
The Division Bench of Chief Justice Sanjay Yadav and Justice Siddharth Varma were inclined to dismiss the petition when informed by the Advocate (Devesh Saxena), who appeared for the petitioners that, the Senior Counsel wasn’t available due to some medical emergency.
“We cannot allow you do to this”, Bench asked the petitioner to file a fresh plea.
The bench noted that those petitions which have challenged the 'ordinance' would be dismissed because the ordinance has now become an ‘Act’. Therefore, all petitions which challenged the ordinance were allowed to be withdrawn.
It must be noted that a notice was issued in one petition filed by Association for Advocacy and Legal Initiatives (AALI) which challenged the law - the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021, as Advocate Vrinda Grover who appeared for another petitioner, informed the court that she has challenged the Act.
Accordingly, the Court issued notice and granted 4 weeks time to file rejoinder and counters in the case.
The Ordinance was challenged before the Allahabad High Court on the ground that it is violates privacy and individual autonomy guaranteed under Article 21 of the Constitution of India. As a result the High Court had issued notice in the matter on December 18, 2020.
Previously, the Supreme Court had refused to entertain petitions against the law, asking the parties to approach the High Court.
KNOW THE LAW Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021 The Uttar Pradesh Prohibition of Unlawful Conversion of Religion Ordinance, 2021 was promulgated on 27th November,2020. The law provides for imprisonment up to 10 years and a maximum fine of Rs 50,000 for violators. Under the law, a marriage will be declared "null and void" if the conversion is solely for that purpose, and those wishing to change their religion after marriage need to apply to the district magistrate. The Act mainly envisages that no person shall convert, either directly or indirectly, from one religion to another by use or practice of misrepresentation, force, undue influence, coercion, allurement or by any fraudulent means or by marriage nor shall any person abet, convince or conspire such conversion. The burden to prove that the conversion has not been done forcibly will lie on the person accused of the act and the convert. However, the Uttar Pradesh government had issued a gazette notification for enforcing the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021. UP Governor Anandiben Patel had given assent to the bill on March 4. The bill was passed by the UP assembly on February 24. The opposition had mounted a strong protest against the bill in the assembly. The law is aimed at curbing religious conversion by fraudulent or any other undue means, including through marriage.
KNOW THE LAW
Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021
The Uttar Pradesh Prohibition of Unlawful Conversion of Religion Ordinance, 2021 was promulgated on 27th November,2020. The law provides for imprisonment up to 10 years and a maximum fine of Rs 50,000 for violators. Under the law, a marriage will be declared "null and void" if the conversion is solely for that purpose, and those wishing to change their religion after marriage need to apply to the district magistrate.
The Act mainly envisages that no person shall convert, either directly or indirectly, from one religion to another by use or practice of misrepresentation, force, undue influence, coercion, allurement or by any fraudulent means or by marriage nor shall any person abet, convince or conspire such conversion.
The burden to prove that the conversion has not been done forcibly will lie on the person accused of the act and the convert.
However, the Uttar Pradesh government had issued a gazette notification for enforcing the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021.
UP Governor Anandiben Patel had given assent to the bill on March 4.
The bill was passed by the UP assembly on February 24. The opposition had mounted a strong protest against the bill in the assembly. The law is aimed at curbing religious conversion by fraudulent or any other undue means, including through marriage.
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