The human rights organisation Citizens for Justice and Peace (CJP) has filed an application before the Supreme Court of India, seeking interim relief regarding what it describes as the misuse and weaponisation of anti-conversion laws enacted by various Indian states.
The matter came up before a bench led by Chief Justice of India (CJI) Sanjiv Khanna and Justice Sanjay Kumar, during the hearing of a batch of petitions challenging the constitutional validity of anti-conversion laws passed by states including Uttar Pradesh, Madhya Pradesh, Himachal Pradesh, Uttarakhand, Chhattisgarh, Gujarat, Haryana, Jharkhand, and Karnataka.
Senior Advocate C.U. Singh, representing the lead petitioner CJP, informed the court that the organisation had submitted an Interlocutory Application (IA) seeking urgent intervention from the Court. Highlighting repeated misuse of these laws, he urged the Court to issue notice on the matter.
“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,”
– Senior Advocate C.U. Singh before the Supreme Court
However, Solicitor General Tushar Mehta opposed the submission and denied any such instances.
“My Lords, there are no instances,”
– Solicitor General Tushar Mehta in response
Following this, CJI Sanjiv Khanna directed Attorney General R. Venkataramani to review the various applications submitted by petitioners and decide on those where the Union Government has no objections. He also instructed that responses be filed in matters where objections exist.
The Supreme Court then passed an order clarifying that:
“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 been issued. We have issued these directions to expedite the completion of pleadings.”
– Supreme Court Bench
The CJI further stated that the matter would soon be listed for hearing on a non-miscellaneous day, ensuring a focused and in-depth deliberation.
The petitions before the Court primarily challenge the validity of anti-conversion laws that criminalise unlawful religious conversions. CJP has argued that these laws are being used selectively against interfaith couples and those choosing to convert out of personal will, thereby infringing on individual autonomy and the fundamental right to freedom of religion as enshrined under Article 25 of the Constitution.
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This issue has been under judicial scrutiny since January 2020, when a bench headed by the then Chief Justice Justice D.Y. Chandrachud and Justice P.S. Narasimha issued notice in the matter.
Subsequently, Jamiat Ulama-i-Hind also approached the Supreme Court with a transfer petition, requesting the Court to consolidate 21 similar cases pending across six High Courts into a single proceeding before the apex court. These cases are currently being heard in the High Courts of Gujarat, Himachal Pradesh, Jharkhand, Karnataka, Madhya Pradesh, and Uttar Pradesh.
Out of these six, the Gujarat and Madhya Pradesh High Courts have granted partial stay orders on the implementation of certain provisions of the respective Gujarat Freedom of Religion Act, 2003 (as amended in 2021) and Madhya Pradesh Freedom of Religion Act, 2021. These interim stays have now been challenged by the respective state governments before the Supreme Court.
Case Title: Citizens for Justice and Peace v. State of Uttar Pradesh & Anr.
Case Number: WP(Crl) No. 428/2020 and connected matters
