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The Supreme Court on Monday issued notice to Uttar Pradesh and Uttarakhand governments for making "Love jihad" laws. 

A bench headed by Chief Justice of India (CJI) SA Bobde was considering the petitions filed by Vishal Thakre & others and social activist Teesta Setalvad's NGO 'Citizens for Justice and Peace'(CJP). The petitioners have argued that the laws were being misused as a tool to harass individuals taking up interfaith marriages.

The petitions challenge the constitutional validity of the recently passed Uttar Pradesh Prohibition of Unlawful Conversion of Religion Ordinance 2020 and the Uttarakhand Freedom of Religion Act, 2018.

However, The Supreme Court refused to stay laws enacted by Uttar Pradesh and Uttarakhand which requires prior permission for religious conversions for marriage. The law can punish marriages based on religious conversion. 

CU Singh submitted that the provisions are 'oppressive' and that 'prior permissions to marry is absolutely obnoxious when the Supreme Court in 2018 held that the state cannot interfere with an individual’s right to marry as held in Shafin Jahan case'. He submitted that many innocent persons have been picked up by police based on UP Ordinance alleging 'Love Jihad'.

More state governments to pass similar 'Love Jihad' laws. 

Solicitor General Tushar Mehta reminded the bench that the Allahabad High Court was already considering the challenge against the laws.

"The challenge is already pending in High Courts. Why don't you go there? We are not saying you have a bad case. But you must approach the High Courts in the first instance instead of coming to SC directly", CJI repeatedly said.

But the CJI changed his mind after CU Singh and Advocate Pradeep Kumar Yadav submitted that they are challenging laws of two states, which are creating widespread problems in the society. The lawyers submitted that more states, like Madhya Pradesh and Haryana, are considering to pass similar laws.

"Alright. We will issue notice", CJI said after much persuasion by CU Singh and Yadav.

The Ordinance by Uttarakhand and  Uttar Pradesh imposes unreasonable and discriminatory restrictions on interfaith couples by mandating that the administration be informed of their intention and a probe be launched in such a personal and intimate exercise of one's right.

Violation of this law is punishable with imprisonment for a term which is not less than one year but which may extend up to 5 years and a fine of minimum rupees fifteen thousand. If the person converted happens to be a woman, the punishment is double the normal term and fine.

Former Supreme Court judge, Justice M B Lokur, recently criticized the UP Ordinance as "putting on the backseat the freedom of choice and dignity".