Petitions challenging UP anti-conversion ordinance before Allahabad High Court dismissed as withdrawn

The Uttar Pradesh Prohibition of Unlawful Conversion of Religion Ordinance, 2020 was promulgated on November 27, 2020. The ordinance specified the procedure to undergo religious conversion; prohibiting unlawful religious conversions. It puts the onus to prove that the conversion was not done forcibly on the person accused of the act and conversion. However, petitions were filed questioning the constitutional validity of the Ordinance in the Allahabad High Court.The Ordinance was challenged on the ground that it violates the Right to Privacy and individual autonomy guaranteed under Article 21 of the Indian Constitution. The Allahabad High Court had issued a notice in the matter on December 18, 2020, and directed the State to file a counter affidavit on or before January 04, 2021.On February 24, 2021, the Uttar Pradesh Assembly passed the Uttar Pradesh Prohibition of Unlawful Religious Conversion Bill, 2021 after a voice vote. This replaced the existing Ordinance. The UP Governor gave her assent to the Bill on March 4, 2021. The law makes religious conversion a non-bailable offence and invites penalties of up to 10 years if found guilty of forcing someone to change religion using marriage.On June 23, 2021, the Allahabad High Court dismissed the petitions challenging the constitutional validity of the Uttar Pradesh Prohibition of Unlawful Religious Conversion Ordinance, 2020. The Bench of Chief Justice Sanjay Yadav & Justice Siddharth Varma remarked that these petitions challenging the ordinance would be dismissed as withdrawn because the ordinance has now become an Act.However, a notice was issued on the petition filed by the Association for Advocacy and Legal Initiative (AALI) as it challenged the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021. The Allahabad High Court has granted four weeks to the State to file rejoinder and the counters.

By Vanshika Gupta & Sanjana Dayal

Featured Image Source: Bar & Bench