The Allahabad high court on Monday held that the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021 doesn’t bar interfaith couples from living together in a live-in relationship.
The Allahabad high court observed that courts do not see such couples as Hindu and Muslim, but 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 the writ petition filed by Noori and another, along with 11 other connected petitions, Justice Vivek Kumar Singh granted relief to the couples, directing that they are at liberty to approach the police authorities 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.
It also said that they may lodge a report/complaint if anybody attempts to convert their religion against their wishes or by any fraudulent means.
The court said, “The right to live with a person of his/her choice, irrespective of religion professed by them, is intrinsic to the 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,” the court said.
It added that courts in various decisions have held that a live-in relationship is neither prohibited nor punishable under any law.
“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 said.
The court explained that for the provisions of the anti-conversion law to apply, conversion from one religion to another is necessary and that conversion should be through misrepresentation, force, undue influence, coercion, allurement, any fraudulent means, marriage, or a 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,” the court said.
The court further said that it was the bounden 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 high court said.
