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According to the petition, Chief Minister Yogi Adityanath had announced on October 31 that his dispensation would bring a law against “love jihad”. The state government had on November 24 approved the draft ordinance, which provided for a jail term of up to 10 years for violators. “Love jihad” is a term used by right-wing activists to discredit interfaith marriages by describing it as part of an alleged conspiracy by Muslim men to convert Hindu women in the guise of love.
The primary contention raised in the PIL was that the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Ordinance impinges upon the fundamental right to choice and the right to change of faith. During the hearing, the high court refused to grant any interim relief and directed the state government to file a counter affidavit by January 4.
The petitioner said the ordinance was morally and constitutionally invalid. He requested the court to declare it as ultra vires of the Constitution and direct the authorities not to take any action under the law during pendency of the petition. The PIL contended that the provisions of the ordinance gave policing powers over a citizen’s choice of life partner or religion and, therefore, militate against the fundamental rights to individual autonomy, privacy, human dignity and personal liberty guaranteed under Article 21 (right to life and personal liberty) of the Constitution.
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