Right To Choose Partner Is Constitutional Right; UP Anti-Conversion Law Doesn't Bar Interfaith Relationships: Allahabad High Court

While dealing with a bunch of petitions relating to interfaith couples in live-in relationships, the Allahabad High Court has held that the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021 does not prohibit inter-religion relationships, be it interfaith live-in relationships or interfaith marriage. Holding that right to choose a partner and right to live with dignity are part of Article 21 of the Constitution of India, Justice Vivek Kumar Singh held,“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 hetrosexual relationship of two major individuals who out of their own free will are living together.”A large number of interfaith couples approached the High Court seeking protection of their lives from family, friends, etc. It was pleaded that since the Police did not take any action on their requests, they were forced to approach the High Court. The Court noted that punishments under Section 3 and 5 of the Act of 2021 for forceful conversion would not be attracted when there is no allegation for conversion from one religion to another “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.” It held that no such allegations were made in the cases before the Court. “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 Court held that a person who has attained the age of majority cannot be denied the right to choose partner as a curb on the rights of adults would be a threat to the concept of unity in diversity.Relying on the decision of the Supreme Court in Supriyo @ Supriya Chakraborty and Another vs. Union of India and decisions of Allahabad High Court in Akanksha and Another vs. State of U.P. and Three Others and Mayra @ Vaishnvi Vilas Shirshikar and Another vs. State of U.P. and Others, Justice Singh held,“The Article 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.”The Court noted that after the order Supreme Court in Shakti Vahini vs. Union of India, the State Government had issued Government Order No. 1/2019/591WRIT/Chh-Pu.-3-2019-2(344)P/2019 dated 31.08.2019 laying down mandatory preventive, remedial and punitive measures for protection of couples facing threats on account of marriage or any consensual relationship. Further, the Court held that there was no registration of offence under the Act against the persons who were living together despite belonging to different religions. It also held that the High Court is not a Trial Court to determine whether an offence had been committed because interfaith persons were in a live-in relationship. “It is the bounden duty of the State as per the Constitutional obligations casted upon it to protect the life and liberty of every citizen. 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 Constitution of India, being citizens of India. No discrimination can be made on the basis of caste, creed, sex or religion.”The Court thereafter granted the liberty to the petitioners to approach the police and police upon verification of the application will grant protection if the allegations are found substantiated. It further directed that the petitioners may lodge FIR if there is forceful conversion. It further directed that the aforesaid Government Order be strictly followed by all authorities. Case Title: Noori And Another v. State Of U.P. And 4 OthersClick Here To Read/Download Order

Right To Choose Partner Is Constitutional Right; UP Anti-Conversion Law Doesn't Bar Interfaith Relationships: Allahabad High Court

Upasna Agrawal

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