UP anti-conversion law doesn't prohibit interfaith marriage, live-in relationship: Allahabad High Court

Prayagraj: The Allahabad High Court on Monday observed that the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021 neither prohibits interfaith marriages nor bars such couples from living together in a live-in relationship.

Justice Vivek Kumar Singh said that courts do not see such couples as Hindu and Muslim, rather as two grown-up individuals who out of their own free will and choice are living together peacefully and happily for a considerable time.

Allowing a writ petition filed by one Noori and 11 other connected petitions, Justice Singh granted relief to the couples that they are at liberty to approach the police for redressal of their grievances.

Upon receipt of such application, the police authorities shall examine the matter and age of the petitioners and if they find any substance in the allegations of the petitioners, they will act in accordance with law for protection of life, limb and liberty of the petitioners, the court ordered.

"Right to live with a person of his/her choice, irrespective of religion professed by them, is intrinsic to right to life and personal liberty. Interference in a personal relationship, would constitute a serious encroachment into the right to freedom of choice of the two individuals.

"This court fails to understand that if the law permits two persons even of the same sex to live together peacefully then neither any individual nor a family nor even state can have objection to heterosexual relationship of two major individuals who out of their own free will are living together," it said.

The court further observed, "Therefore, considering Article 14 (right to equality), 15 (prohibition of discrimination on grounds of religion, race, caste, sex or place of birth) and 21 (right to life and personal liberty) of the Constitution of India and Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021, it cannot be said that live-in relationship of interfaith couple is an offence." The court was of the view that for attracting the provisions of anti-conversion law, conversion from one religion to another religion is necessary and that conversion should be by practice of misrepresentation, force, undue influence, coercion or allurement or by any fraudulent means or by marriage or by relationship in the nature of marriage.

"Even the interfaith marriage, per se, is not prohibited under the Act, 2021. Provision has also been made under the Act, 2021, and according to which, if a person wishes to change/convert his or her religion, he/she is expected to follow the procedure prescribed under section eight and nine of the Act, 2021. But one cannot be forced to convert his or her religion for the purposes of marriage or for living together in a live-in relationship," it added.

The court was dealing with a batch of 12 petitions, wherein some Muslim women were residing with Hindu men and some Hindu women were living with Muslim men. The couples had approached the court for police protection, alleging that they were facing threats from third parties including their family members.

Passing its judgement, the court said, "The mere fact that the petitioners are living in an interfaith relationship, would not deprive them of their fundamental right as envisaged in the Constitution of India, being citizens of India. No discrimination can be made on the basis of caste, creed, sex or religion." The court also observed that since the law is equal for all as per Article 14 and 15 of the Constitution, if two persons of same religion can reside together in a live-in relationship, then people having different religion may also live together in a live-in relationship.

"The Articles 14 and 15 of the Constitution of India ensure equal treatment of all individual. It does not discriminate against citizens based on religion, race, caste, sex or place of birth," it said.