Hindu Daily Digest - Editor's Pick: RTI query on UP's law

(The Editor's Pick is a new newsletter from The Hindu that provides a snapshot of the most important stories from today's edition of our newspaper, along with a note from our top editors on why we chose to give prominence to these stories.)

The Uttar Pradesh Prohibition of Unlawful Conversion of Religion Ordinance, 2020, popularly known as the anti-conversion law or 'love jihad' law, has not yet been sent to the President for his assent. This was revealed in a reply from the Union Home Ministry to an RTI enquiry placed by The Hindu.

Article 213(1) of the Indian Constitution gives State Governors — effectively the State governments — the power to promulgate an Ordinance when the State legislature is not in session. However, the caveats to the clause say that the Governor should act only on the President's — effectively the Centre's — advice if a Bill similar to the Ordinance had required the President's assent earlier. In this case, a similar Bill from Rajasthan has been pending approval from the Home Ministry since 2008. Section 213(1) also says that the Governor should seek the President's advice if the Ordinance falls foul of Central laws or policy or there is a chance that its constitutionality could be challenged. There are pleas against the law currently in the Allahabad High Court.

The Ordinance has been cited in the arrest of over 90 persons, mostly Muslims, since it came into effect on November 27, 2020. While it targets all forceful conversions, UP Chief Minister Yogi Adityanath has indicated that the primary motive of the law is dealing with 'love jihad', a Hindutva conspiracy theory of Muslim men converting Hindu women with offer of marriage. In the last two months, Muslim men have been arrested even when their non-minor wives have protested that they acted on their own volition. Also, the Ordinance exists despite the Supreme Court having repeatedly stated that the choices of an adult about their faith and marriage are core to their right to privacy. The possibility that constitutional procedure was not followed on an Ordinance that is being regularly used to arrest individuals in violation of their right to privacy is what makes this story important.

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