UP Anti-Conversion Law | Interfaith Marriage Not Valid Unless 'Pre' & 'Post Conversion Declaration' Formality U/S 8 & 9 Complied With: Allahabad HC

The Allahabad High Court has held that no sanctity could be attached to an interfaith/inter-religious marriage which has been performed without the compliance of Sections 8 and 9 of the UP Prohibition of Unlawful Conversion of Religion Act 2021.

The Court court clarified that in case a marriage is solemnized after the Act of 2021 came into force [after November 27, 2020] the parties have to ensure compliance of Sections 8 and 9 of the Act. A bench of Justice Kshitij Shailendra observed thus:

"...if conversion is done in relation to marriage of the persons belonging to different religions, irrespective of any past event, which might or might not attach sanctity to conversion, in case a marriage is solemnized after the Act of 2021 has come into force, i.e., after 27.11.2020 as per Section 1 (3) of the Act, the parties have to ensure compliance of Sections 8 and 9 of the Act..." 

For context, Section 8 of the 2021 Act mandates that the person who desires to convert his/her religion must give a declaration in that regard at least sixty days in advance to the District Magistrate or Additional District Magistrate that the decision to convert is of his/her own. Section 9 deals with the post-conversion declaration.

The bench was essentially hearing a protection plea filed by an interfaith couple claiming themselves to be married couples. Petitioner No.1/Girl earlier belonged to the Muslim religion and the petitioner No.2/Boy belongs to the Hindu religion. Allegedly, the girl converted to the Hindu religion in 2017, and thereafter, they both got married earlier this month.

Opposing the protection plea, the counsel for the state argued that as per the provisions of the UP Prohibition of Unlawful Conversion of Religion Act, 2021, unless compliance with the provisions of Sections 8 and 9 is made by the parties belonging to different religions, no sanctity/validity can be attached to such marriage.

In response to this, the Counsel for the petitions submitted that since a conversion certificate was issued to the girl in the year 2017, whereas the aforesaid Act came into existence in 2021, therefore, the provisions of Sections 8 and 9 of the Act, 2021, would not be applicable in the present case.

High Court's observations

At the outset, the Court observed that as per Section 6 of the Act, a marriage performed for the sole purpose of unlawful conversion or vice-versa is deemed void, however, the proviso attached to the said provision states that in case provisions of pre and post-declaration, as per Sections 8 and 9 are complied with, the marriage would be valid.

Reverting to the facts of the case, the Court noted that the alleged marriage between the petitioners was performed on January 2, 2024, by which date the aforesaid Act of 2021 had come into existence.

Therefore, the Court was of the view that before the date of marriage, the petitioners should have complied with the provisions of the Act, in case, they wanted to attach sanctity/legality to the conversion, which is now controlled and governed by the enactment passed by UP Legislature.

Further, the Court perused the intent and objective of the 2021 Act. Noting that while interpreting a statute, the Court has to ascertain the intention of the legislature, actual or imputed, the Court observed thus:

"The more stringent the Law, the less is the discretion of the Court. Stringent laws are made for the purpose to achieve its objectives. This being the intendment of the legislature, the duty of the court is to see that the intention of the legislature is not frustrated. If there is any doubt or ambiguity in the statutes, the rule of purposive construction should be taken recourse to, to achieve the objectives."

Against this backdrop, the Court noted that the scheme of the Act envisages that if any conversion is done in relation to marriage of the persons belonging to different religions, irrespective of any past event, which might or might not attach sanctity to conversion, in case a marriage is solemnized after the Act of 2021 has come into force [after November 27, 2020] the parties have to ensure compliance of Sections 8 and 9 of the Act.

Hence, the Court discarded the submission of counsel for the petitioners that since the Act had come into force in 2020-21, and tge conversion was done in 2017 at Arya Samaj Mandir and, therefore, no fresh conversion is required.

With this, the petition was disposed of with liberty to the petitioners to file a fresh petition after ensuring compliance with Sections 8 and 9 of the UP Prohibition of Unlawful Conversion of Religion Act, 2021.

Case title - Nikita @ Najrana And Another vs. State Of Up And 3 Others 2024 LiveLaw (AB) 66 [WRIT - C No. - 1348 of 2024]

Case citation: 2024 LiveLaw (AB) 66

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