Plea in SC against UP, Uttarakhand's love jihad ordinances

A plea has been filed in the supreme court challenging the Uttar Pradesh and Uttarakhand love jihad ordinances. The petitioners contend that the ordinance disturbs the basic constitutional structure by curtailing the fundamental rights.

New Delhi: A petition has been filed in the Supreme Court by two lawyers and a law researcher against the "The Uttar Pradesh Prohibition of Unlawful Conversion if Religion Ordinance,2020 and The Uttrakhand Conversion of Religion Ordinance,2020" seeking directions from the court to the authorities to not give them effect.

The petitioners contend that the ordinance disturbs the basic constitutional structure by curtailing the fundamental rights, can be misused in the name of "Love Jihad" and is against the Special Marriage Act,1954.

"Because of the passing of the ordinance, the injustice has been done to the persons/citizens who had done nothing wrong but still have to face the consequences," read the plea.

Calling the ordinance a potential "weapon" in the hands of some people, the petitioners argue that people can be falsely implicated in the case which will be a grave injustice in case it is passed.

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Filing the plea under Article 32, the petitioners say that the Supreme Court has the power to declare a law invalid if it violates any provision of the constitution.

"This Hon'ble court be pleased to issue a direction to the Respondents directing them to not to give effect to impugned provisions/ordinance and withdraw the same or in the alternative modify the said as the court deems fit," prayed the petitioners.

Citing Golakh vs State of Punjab case, the petitioners say that the judgement forbade the Parliament from causing any damage to the fundamental rights of the citizens by implementing a law which had the effect of suppressing the autocracy of the Parliament.