Live-in relationship of interfaith couples does not constitute an offence under the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021, the Allahabad High Court said on Monday. Even an interfaith marriage is not prohibited under the Act, it added.
The court made the observations while clubbing together 12 petitions filed by seven Muslim and five Hindu women seeking police protection after allegedly receiving threats for being in a live-in relationship with men from another community.
The bench of Justice Vivek Kumar Singh observed: “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 the State can have objection to hetrosexual relationship of two major individuals who, out of their own free will, are living together.”
Stating it was the duty of the State to protect the life and liberty of every citizen, the High Court said, “The right to human life is to be treated on 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.”
“I have no hesitation to hold that the Constitutional Fundamental Right under Article 21 of the Constitution of India stands on a much higher pedestal. Being sacrosanct under the Constitutional scheme, it must be protected, regardless of the solemnization of an invalid or void marriage or even the absence of any marriage between the parties,” the bench of Justice Singh stated.
The Bench further observed that the court does not see the petitioners as Hindu and Muslim. “Rather (the Court sees them) as two grown-up individuals who, out of their own free will and choice, are living together peacefully and happily for a considerable time. The decision of an individual who is of the age of majority, to live with an individual of his/her choice is strictly a right of an individual and when this right is infringed it would constitute breach of his/her fundamental right to life and personal liberty as it includes right to freedom of choice, to choose a partner and right to live with dignity as enshrined in Article 21 of the Constitution of India,” the court observed.
Arguments in court
During the hearing, the amicus curiae, appointed by the court, argued that the petitioners have attained the age of majority, which is a legal age to enter into any relationship with protection.
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The amicus curiae stated that the petitioners were only living in a relationship and, as such, compliance with sections of the Act was not necessary for them.
“If a person intends to convert his/her religion, only then he/she will give a declaration in terms of the conversion law,” the amicus curiae added.
The Additional Chief Standing Counsel, representing the state government, argued that the explanation of section 3 of the conversion law goes to show that conversion is not only required for the purpose of marriage, but it is also required in all relationship in the nature of marriag.
“Therefore, the anti-conversion Act of 2021 will also apply to relationships in the nature of marriage or staying together in a live-in relationship. None of the petitioners have applied for conversion as per the provisions of sections 8 and 9 of the Act. Hence, the relationship of the petitioners cannot be protected in contraventions of the provisions of law. Such residing of the petitioners in relationship like marriage cannot get approval by the court of law,” the government’s lawyer added.
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After hearing the submissions, the High Court said, “‘Conversion’ means renouncing one’s own religion and adopting another religion. In the present batch of cases, no petitioner claimed that any attempt, in any manner, was made by other petitioner for conversion of his/her religion. It is only claimed by the petitioners that they are living together in a live-in relationship and following their religion. In these cases, no FIR or complaint has been lodged against any person that religion of one petitioner was converted or attempted to be converted. Therefore, it cannot be said under the facts and circumstances of these cases that any act in contravention of the provision of the Act, 2021, was made by the petitioners and a punishable offence was done by them.”
“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. If the petitioners have not committed any offence, this Court sees no reason as to why their prayer for the grant of protection cannot be acceded to,” the court ordered.
The order further stated that the petitioners were at liberty to approach the police for redressal of their grievances, in case any harm is caused to them.
It also ordered that the petitioners could lodge a report/complaint if anybody attempted to convert their religion against their wishes, or by any fraudulent means, force, coercion, allurement, undue influence, or practice of misrepresentation.
