The Allahabad High Court on Monday ruled that the Uttar Pradesh Prohibition of Unlawful Conversion of Religions Act, 2021 neither prohibits interfaith marriages nor prohibits such couples from living together in a live-in relationship, legal news website Bar and Bench reported.
Justice Vivek Kumar Singh noted that courts do not see such couples as Hindu or Muslim, but rather as two adult individuals who have lived peacefully and happily together for a long time of their own free will.
Read also | Uttarakhand to tighten anti-conversion law; life imprisonment, suggested fine of ₹10 million
“The right to live with a person of your choice, regardless of the religion he professes, is inherent in the right to life and personal freedom. Interference with a personal relationship would constitute a serious interference with the right to free choice of these two individuals,” the court said.
The court was hearing a batch of 12 petitions in which seven Muslim women were living with Hindu men and five Hindu women were living with Muslim men. The couple went to court seeking police protection, claiming they were facing threats from third parties, including their family members.
“This Court does not understand that if the law permits two persons even of the same sex to live together peacefully, then no individual, nor family nor even the State can object to the heterosexual relationship of two principal individuals living together of their own free will,” the Bench said, according to Bar and Bench.
The bench added that the courts have held in various decisions that cohabitation is not prohibited or punishable under any law.
“Therefore, in view of Articles 14, 15 and 21 of the Constitution of India and the Act, 2021, it cannot be said that the live-in relationship of an inter-faith couple is an offence,” the Bench said.
Read also | Toddler asks for chips — Yogi Adityanath hands him a packet | Watch the video
The court also explained that conversion from one religion to another is necessary to attract the anti-conversion provisions of the Act. The conversion should be effected by practices of misrepresentation, force, undue influence, coercion or seduction or by any fraudulent means or by marriage or relationship in the nature of marriage, the Court said.
“Even inter-faith marriage itself is not prohibited by the 2021 Act. The 2021 Act has also made a provision that if a person wishes to change/convert his religion, he is expected to follow the procedure prescribed in Sections 8 and 9 of the 2021 Act.” But you cannot live in a marriage or cohabitation relationship. said Bench.
The right to human life is to be treated…
The court observed that the right to human life should be treated on a much higher pedestal, irrespective of the religious beliefs of the citizen.
“The mere fact that the petitioners live in an inter-faith relationship would not deprive them of their fundamental right as enshrined in the Constitution of India to be citizens of India. There cannot be discrimination on the basis of caste, creed, gender or religion,” the Bench said.
The court said that not respecting the choice of an adult would not only be contrary to the freedom of choice of an adult individual, but would also threaten the concept of unity in diversity.
What is the UP Anti-Conversion Act?
UP Anti-Conversion Act. The The Uttar Pradesh Prohibition of Unlawful Conversion of Religions Act, 2021, refers to legislation enacted by the Uttar Pradesh government to regulate religious conversions in the state.
The law prohibits religious conversion if it is done by force, fraud, undue influence, coercion, seduction (such as money, gifts, promises of work, etc.) and marriage solely for the purpose of conversion.
Earlier, the Uttar Pradesh government had maintained that couples living in an apartment had to abide by the anti-conversion provisions of the law.
“A person cannot move freely with anyone other than in accordance with the procedure set out in Sections 8 and 9 of the 2021 Act or by marriage under the Special Marriage Act,” the state said.
The court also said that since the law is equal for all under Articles 14 and 15 of the Constitution of India, two persons of the same religion can live together in a live-in relationship, people of different religions can also live together in a live-in relationship.
Read also | The UP parliament approved the amended anti-conversion law, stiffening life sentences
“Articles 14 and 15 of the Constitution of India ensure equal treatment of all individuals. It does not discriminate against citizens on the basis of religion, race, caste, sex or place of birth,” the judge said.
The court concluded by stating that it is the binding duty of the state to protect the life and liberty of every citizen. It added that the right to human life should be treated on a much higher pedestal irrespective of the religion of the citizen.
“The mere fact that the petitioners live in an interfaith relationship would not deprive them of their fundamental right as envisaged in the Constitution of India to be citizens of India. There cannot be discrimination on the basis of caste, creed, gender or religion,” the judge said.
The court granted relief to the couple and said they were free to approach the police authorities for redressal of their grievances.
(With inputs from Bar and Bench)
Key things
- The UP Anti-Conversion Act does not restrict interfaith marriages or live-in relationships.
- Individual choice in relationships is upheld as a fundamental right according to the constitution.
- The court emphasizes equal treatment for all citizens regardless of religion.
