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Judiciary

Upadhyay files plea in SC to restore cause title of his PIL against illegal conversion [Read Application]

By LawStreet News Network      28 January, 2023 10:36 PM      0 Comments
Upadhyay files plea in SC to restore cause title of his PIL against illegal conversion [Read Order]

NEW DELHI: Advocate Ashwini Kumar Upadhyay has asked the Supreme Court to modify the order changing the cause title of a PIL filed by him against illegal religious conversions in the country to 'In Re: The Issue of Religious Conversion'.

He asked the top court to direct the registry to use the original title of the case, which was in his own name.

An application filed though advocate Ashwani Kumar Dubey stated the applicant is a social activist and not active in politics.

"The applicant left his engineering career for social work and religiously striving for gender justice, gender equality, dignity of women, police reform, judicial reform, election reform, transparency and good governance," it said.

The plea said that Hindus have become minority in nine States/UTs due to religious conversion by intimidation threats, gifts, monetary benefits and offering other help like school admission, medical benefits and by using superstition and black magic.

On September 23, 2022, after considering the gravity of religious conversion, the top court issued notice to Home Ministry and Law Ministry on his PIL seeking steps to control such conversions.

However, on January 9, the court directed to change the cause title of the PIL filed by him.

The plea pointed out the applicant’s PILs for Election Reform viz Establishment of Special MLA-MP Court, One Nation One Voter List, One Candidate One Constituency, Appointment of Election Commissioners through Collegium, Equal Protection to CEC and Election Commissioners, Independent Secretariat and Independent Budget for Election Commission, Right to Reject with Re-election, Use of Totalizer for Counting Votes, Use of Post Office as Nodal Agency for Voter Registration, Life Ban against convicted person from contesting election, forming political party and become political office bearer, and, to bring political parties under RTI; are pending in this court.

Upadhyay has also challenged the constitutional validity of practice of Polygamy, Halala, Mutah, Misyar and Sharia Court and matter has been referred to five Judges Bench.

The applicant’s PILs for Gender Justice, Gender Equality and Dignity of Women viz Uniform Age of Marriage, Uniform Grounds of Divorce, Uniform Procedure of Divorce, Uniform Maintenance and Alimony, Uniform Adoption and Guardianship, Uniform Succession and Inheritance; are also pending in this court.

The PILs filed by him seeking Consecutive Sentence for criminals, involved in corruption, black money generation, money laundering, benami transaction, disproportionate assets, hoarding, profiteering, black marketing, drug smuggling, human trafficking and terrorism are also pending in this Court, along with his pleas to control Hate Speech and Election Freebies and Uniform Builder Buyer Agreement and Uniform Agent Buyer Agreement.

Upadhyay has challenged the constitutional validity of Article 35A and Article 370 and matter has been referred to five Judges Bench.

The PIL to detect, detain and deport illegal immigrants is pending in this Court too.

Among other pending PILs before this court are those challenging the constitutional validity of the Places of Worship Act 1991, National Minority Commission Act 1992 and Waqf Act 1995.

The plea said Lokpal at Centre and Lokayukta in all States were appointed by direction of this Court on applicant’s PIL.

Members and Chairman of the Law Commission were appointed after four years. Bill is tabled for Uniform Minimum Age of Marriage. Uniform Population Control Policy Uniform Compensation Policy Citizen Charter Judicial Charter Indian Judicial Service and Uniform Judicial Code is being discussed. The Court has directed candidates and political parties to publish criminal antecedents in electronic print and social media. Committee has been formed to give equal status to Vandemataram and Jana Gana Mana song. Number of Judges and Retirement Ages of Judges is being discussed by Intellectuals. Primary Education in mother language and National Yoga Policy is actively being discussed and considered following his PILs, it said.

[Read Application]

 



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