UP Ordinance On Conversion Is Nothing But Criminalization Of Inter-Faith Marriages : Petitioner's Rejoinder In Allahabad High Court
Live Law"If a person exercises the freedom under Article 25 of the Constitution to marry somebody of his or her choice, and in that process, one partner chooses to change their religion immediately prior to marriage, that should not be the matter of concern for the State of any Social Watchdogs," submitted a writ petitioner before the Allahabad High Court, in a batch of PILs challenging the constitutional validity of the UP Government's controversial Ordinance on religious conversions. Religious Conversion For Marriage Not Exercise Of Choice When It Is Due To Compulsion Of Personal Law: UP Govt Defends 'Love Jihad' Ordinance Responding to the State's counter affidavit, one of the Petitioners, Advocate Saurabh Kumar, represented by Advocates Devesh Saxena, Shashwat Anand and Vishesh Rajvanshi, has filed a rejoinder affidavit, inter alia, stating: "The impugned Ordinance is nothing but legal sanction to the criminalization of inter-faith marriages. "Hence, the impugned ordinance cannot arbitrarily associate interfaith marriages with public order and thereby apprehend breach of public order in the state of Uttar Pradesh," the Petitioner contends. Reliance was placed on Bandhua Mukthi Morcha v. Union of India and Ors., 2 SCR 67, a judgment also quoted in the Guruvayoor Devaswom judgment, where it was held that, "When the Court is prima facie satisfied about variation of any constitutional right of a group of people belonging to the disadvantaged category, it may not allow the State or the Government, from raising the question as to the maintainability of the petition."