The Allahabad High Court on Monday held 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, legal news website Bar and Bench reported.
Justice Vivek Kumar Singh observed that courts do not see such couples as Hindu or Muslim, but rather as two grown individuals who, of their own free will, have been living together peacefully and happily for a considerable time.
“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,” the court said.
The Court was hearing a batch of 12 petitions, wherein seven Muslim women lived with Hindu men and five Hindu women lived with Muslim men. The couple had approached the Court for police protection, alleging that they were facing threats from third parties, including their family members.
“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,” the Bench said, according to Bar and Bench.
The Bench added that the courts in various decisions have held that live-in relation is neither prohibited nor punishable under any law.
“Therefore, considering Articles 14, 15 and 21 of the Constitution of India and the Act, 2021, it cannot be said that live-in relationship of interfaith couple is an offence,” the Bench said.
The Court also explained that, to attract the provisions of the anti-conversion law, conversion from one religion to another is necessary. The 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, the Court said.
“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 8 & 9 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,” the Bench said.
Right to human life is to be treated….
The Court observed that the right to human life is to be treated on a much higher pedestal, regardless of a citizen’s religious beliefs.
“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 Bench said.
The Court said that to disregard the choice of a person of the age of majority would not only be antithetical to the freedom of choice of a grown-up individual but would also threaten the concept of unity in diversity.
What is the UP anti-conversion law?
The UP anti-conversion law. The Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021, refers to the legislation enacted by the Government of Uttar Pradesh to regulate religious conversions in the state.
The law prohibits religious conversion if it is done through force, fraud, undue influence, coercion, allurement (such as money, gifts, job promises, etc.) and marriage solely for the purpose of conversion.
Earlier, the Uttar Pradesh government argued that live-in couples were required to comply with the provisions of the anti-conversion law.
“One cannot move freely with another except in accordance with the procedure prescribed in Section 8 and 9 of the Act, 2021, 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, if two persons of the same religion can live together in a live-in relationship, then people of different religions may also live together in a live-in relationship.
“The Articles 14 and 15 of the Constitution of India ensure equal treatment of all individuals. It does not discriminate against citizens based on religion, race, caste, sex or place of birth,” the judge said.
The Court concluded by saying that it was the bound duty of the State to protect the life and liberty of every citizen. It added that the right to human life is to be treated on a much higher pedestal, regardless of a citizen’s religious belief.
“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 judge said.
Granting a relief to the couples, the Court said that they are at liberty to approach the police authorities for redressal of their grievances.
(With inputs from Bar and Bench)
Key Takeaways
- The UP anti-conversion law does not restrict interfaith marriages or live-in relationships.
- Individual choice in relationships is upheld as a fundamental right under the Constitution.
- The court emphasizes equality in treatment for all citizens, regardless of religion.
