Allahabad HC refuses to stay love jihad ordinance, issues notice to state govt

On Friday, the Allahabad High Court issued notices on a batch of PILs challenging the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Ordinance, 2020 issued in November by the UP Governor, banning marital religious conversions.

Chief Justice Govind Mathur and Justice Piyush Agrawal’s divisional bench ordered the UP government to file a counter affidavit by January 4. Earlier, as morally and legally unconstitutional, Saurabh Kumar’s PIL urged the cancellation of the decree. It has been said that harassment should be prohibited under this statute.

In the form of a stay order, the bench declined to offer any temporary relief. The primary claim presented by the petitioners is that their constitutional right to choose and the right to change religion are affected by the ordinance.

The petitioners also argued that there was no emerging basis for the exercise of the power of the ordinance under Article 213 of the Constitution and that the State had failed to demonstrate any unexpected or urgent circumstances justifying the rule.

On 7 January 2020, the Court fixed the case for a hearing.

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