Interfaith marriage: law is already clear

It is difficult to understand why the Centre requested the Supreme Court recently to issue a direction on interfaith marriages. The request was in the context of honour killings and was for an order against threats of violence from any person, group or family members against couples getting married of their own volition. This did not require any directive from the court because the Constitution and the laws are already very clear on the matter. They do not approve of and are against interference by outside agencies in decisions taken by individuals in the matter of marriage and, in fact, any other personal matter. The court has itself made its views on the matter known a number of times in the recent past. It has always maintained that adult individuals have the right to freely decide whom to marry, and that it is wrong to pressure them against their decision or try to undo it or punish them for it.  

The day after the government made the query the court reasserted its view and declared the marriage of 24-year-old Hadiya, formerly Akhila Asokan, to a Muslim man, Shafin Jahan, valid and legal and rejected the charge of her father that she was forced into the marriage after her conversion to Islam. Importantly, the court also struck down an order of the Kerala High Court, which had annulled her marriage, making the strange observation that a 24-year-old girl is "weak and vulnerable" and a decision on her marriage can be taken only "with the active involvement of her parents". It was wrong that Hadiya was made to undergo a long ordeal by the courts, the police, parents and sections of society for having asserted her fundamental right. A simple democratic right had to be won the hard way.  

Whether it is honour killings or violence against those who go in for interfaith marriages, the legal position is the same. It is the ruling party and its associates which have clouded the issue with charges of "love jihad", terrorist connections and threats to national security. Hadiya had to face these charges. The National Investigation Agency is even now continuing its investigation into alleged forced conversions. But it should be noted that threats to couples in interfaith marriages are mostly from the Sangh Parivar and its fringe organisations. Violence related to them and honour killings take place mostly in BJP-ruled states like UP and Haryana. If the BJP government at the Centre wants to tackle them, it should get its party governments in these states to enforce the Constitution and the laws. There is no need for a fresh directive from the court.