Supreme Court Questions ‘Freedom of Religion’ Acts

• The Supreme Court of India is considering who will decide whether an inter-faith marriage is a fraud.

• Chief Justice B.R. Gavai and senior advocate C.U. Singh, representing an NGO, argue that the court is to examine the constitutionality of laws, not to make them.

• Ashwini Upadhyay, a petitioner, argues against religious conversion through allurement and duplicity.

• Singh, along with senior advocates Indira Jaising and Vrinda Grover, argues that these laws are virtually anti-conversion laws.

• Singh seeks a stay of these laws, which are increasingly being enforced as courts grant bail and provide relief to accused and arrested individuals.

• Recent amendments in these Acts empower third parties to file criminal complaints against couples in inter-faith marriages.

• The court has refused to refer to the Law Commission the question of whether “forcible conversion” should be made a separate offence relating to religion under the Indian Penal Code.

• Singh argues that these State laws interfere with a person’s right of choice of faith and life partner, and have a “chilling effect” on the right to profess and propagate one’s religion.

Supreme Court Religion is important topic for Civil service exam (WBCS).

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