Supreme Court questions Love Jihad Law constitutionality, asks Central Government response
At the hearing, Chief Justice of India, Justice DY Chandrachud and Justice Narasimha appeared with advocate Ejaz Maqbool and others, representing Jamiat Ulema Hind as instructed by its President, Maulana Arshad Madani.
Supreme Court Hearing on Love Jihad Law
During the hearing, the Chief Justice of India, Justice DY Chandrachud and Justice Narasimha, along with advocate on record Ejaz Maqbool and others appeared on behalf of Jamiat Ulema Hind, as directed by President Jamiat Ulema Hind, Maulana Arshad Madani.
Senior advocates such as Kapil Sibal, Dushant Dave, CU Singh, Arvind Datar, Indira Jai Singh, Vrinda Grover, and others also appeared for other parties, while Solicitor General Tushar Mehta appeared for the Central Government. The court only issued a notice on the petition filed by Jamiat Ulema Hind (Arshad Madani) and has accepted it for a hearing.
The constitutionality of the conversion laws enacted by various states in India has been challenged by various Muslim parties, including Jamiat Ulema-i-Hind. An advocate named Ashwini Kumar Upadhyay has also filed a public interest petition, requesting the court to take action on the alleged forced conversions of Muslims and Christians.
Key Participants in the Hearing
- Chief Justice of India: Justice DY Chandrachud and Justice Narasimha
- Advocate on record: Ejaz Maqbool
- Jamiat Ulema Hind represented by President: Maulana Arshad Madani
- Other parties represented by Senior advocates: Kapil Sibal, Dushant Dave, CU Singh, Arvind Datar, Indira Jai Singh, Vrinda Grover, etc.
- Central Government represented by: Solicitor General Tushar Mehta
Challenging the Constitutionality of Conversion Laws
- Muslim parties, including Jamiat Ulema-i-Hind, challenge constitutionality of conversion laws enacted by various states in India
- Public interest petition filed by advocate Ashwini Kumar Upadhyay seeking court’s action on alleged forced conversions of Muslims and Christians
- Love Jihad Law’s constitutionality challenged in multiple high courts (Allahabad, Madhya Pradesh, Gujarat, Jharkhand, Himachal Pradesh, Karnataka)
Jamiat Ulema Hind’s Petition
- Challenges constitutionality of laws such as Uttar Pradesh Prohibition of Lawful Conversion of Religion Act 2021, Uttarakhand Freedom of Religion Act 2018, Himachal Pradesh Freedom of Religion Act 2019, Madhya Pradesh Freedom of Religion Act 2021, and Gujarat Freedom of Religion Act 2021
- States that these laws restrict religious and personal freedom, create hatred, and are unconstitutional
- Calls for Supreme Court to intervene and stop states from making such laws and strike down those already enacted
Gulzar Azmi’s Petition
- Head of Jamiat Ulema Legal Aid Committee files separate petition
- Purpose of these laws is to prevent inter-faith marriages between Hindus and Muslims, violating religious freedom and personal freedom as per Constitution of India
- Large number of Muslims arrested under Love Jihad law
- Demands that the Love Jihad law be struck down as unconstitutional and anti-Muslim.
The court noted that 5 petitions challenging the constitutionality of the Love Jihad Law were filed in the Allahabad High Court, 7 in the Madhya Pradesh High Court, 2 in the Gujarat High Court, 2 in the Jharkhand High Court, 4 in the Himachal Pradesh High Court, and 1 in the Karnataka High Court. However, no interim decision was issued during the hearing.
In the petition filed by Jamiat Ulema Hind, the constitutionality of laws such as the Uttar Pradesh Prohibition of Lawful Conversion of Religion Act 2021, the Uttarakhand Freedom of Religion Act 2018, the Himachal Pradesh Freedom of Religion Act 2019, the Madhya Pradesh Freedom of Religion Act 2021, and the Gujarat Freedom of Religion Act 2021 have been challenged. The petition further states that these laws restrict religious and personal freedom, create hatred, and are unconstitutional, and that the Supreme Court should intervene to stop states from making such laws and strike down those that have already been enacted.
The head of Jamiat Ulema Legal Aid Committee, Gulzar Azmi, has also filed a separate petition stating that the purpose of these laws is actually to prevent inter-faith marriages between Hindus and Muslims, which is a violation of religious freedom and personal freedom as enshrined in the Constitution of India. The petition also states that a large number of Muslims have been arrested under the Love Jihad law and that it should be struck down as unconstitutional and anti-Muslim.
