Supreme Court Expresses Reluctance To Transfer From HCs Petitions Challenging Anti-Conversion Laws Of States

The Supreme Court on Thursday (April 17) expressed reluctance to transfer to itself the petitions pending in various High Courts challenging the State laws against religious conversions.

The bench of CJI Sanjiv Khanna and Justice Sanjay Kumar was hearing a transfer petition filed by Jamiat Ulema-E-Hind Gujarat seeking transfer of all petitions before the High Courts of Gujarat, Madhya Pradesh, Karnataka, Jharkhand, Uttar Pradesh and Himachal Pradesh.

Senior Advocate MR Shamsahd, for the petitioner, told the bench that around 21 such petitions are pending before these High Courts. 

While the CJI relisted the matter for consideration in the week commencing 21 July, he also verbally observed that since these laws are passed by different states, they may have different provisions and terminology used, and hence, it would not be appropriate to transfer them directly to the Apex Court. He explained : 

"There are a lot of consequences; languages of the sections are different, and handling them all in the Supreme Court may be very difficult." 

"Different enactments, different languages, different provisions would be challenged. And it is not a central enactment, it's a state enactment ....then it will be called here?" CJI asked.

The petitioner replied that the Supreme Court is already seized of writ petitions where these laws are under challenge.

The main petition pending before the Court is filed by Human Rights Organisation -Citizens for Justice and Peace, which has challenged the validity of various state laws which penalise unlawful conversions to other faiths.

Later on, Jamiat Ulama-i-Hind filed a transfer petition in the Supreme Court seeking to transfer to it 21 cases pending in 6 High Courts challenging the laws relating to religious conversions enacted by various states.

The High Courts of Gujarat and Madhya Pradesh have stayed certain provisions of the respective laws.  The States of Gujarat and Madhya Pradesh have challenged the said interim orders before the Supreme Court.

Case Details : JAMIAT ULAMA-E-HIND GUJARAT AND ORS. Versus THE STATE OF GUJARAT| Diary No. - 3670/2023