No Compliance Of UP's 'Anti Conversion' Law: Allahabad HC Junks Protection Plea Of 'Married' Inter-Religious Couple Who Are Distant Cousins

The Allahabad High Court on Tuesday rejected a protection plea filed by an inter-religious couple (who happen to be distant cousins) who purportedly married each other as per the Hindu rites and rituals.

The Court noted that the Petitioner no. 1/Girl, a Muslim by birth, had not complied with Sections 8 and 9 of the UP Prohibition of Unlawful Conversion of Religion Act 2021 before converting herself to Hinduism. In this case, while petitioner no. 1 belonged to the Muslim religious community, petitioner no. 2/Boy is a Hindu.

"The version of petitioner no. 1/Girl for performing marriage with petitioner no. 2/Boy into Hindu religious cannot be given effect at this stage for want of compliance of Section 8 and 9 of the Act and the relief sought by the petitioners cannot be granted at this stage," the bench of Justice Ram Manohar Narayan Mishra observed.

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

The case in brief

The inter-religious couple/petitioners had moved the protection plea by submitting that they have attained the age of majority and are living happily with each other in a live-in relationship and that they have solemnized their marriage according to Hindu rites and rituals at Arya Samaj Mandir for which a marriage certificate has been issued.

It is stated that the petitioners are distant cousins, even though they belong to different communities as the mother and aunt of petitioner no. 1/Girl were Hindus by birth and petitioner no. 2/boy belongs to the maternal side of the mother of the girl.

It was further submitted that the girl had moved an application before the District Magistrate, Meerut and Saharanpur on June 30, 2023, and got the same published in a newspaper that she had changed her name and religion, however, her father was interfering in their peaceful live-in relationship.

Opposing their protection plea, the Standing Counsel for the State respondents, referring to the Girl's conversion, submitted that their marriage would come within the legislative Prohibition contained in the UP Anti-Conversion law. It was contended that the future conversion of either of the petitioners to another religion would not be in accordance with the law without compliance with Sections 8 and 9 of the Act.

Against this backdrop, noting that the petitioners are distant cousins and that prima facie, it cannot be treated as a matter of re-conversion, the Court dismissed the plea for want of compliance of Sections 8 and 9 of the Act.

However, the Court left it open for the petitioners to approach the District Magistrate for compliance with Sections 8 and 9 of the Act to seek necessary order under the Act. if the petitioners seek necessary sanction from the District Magistrate, they will be at liberty to file a fresh petition before the Court, the court clarified.

Case title - Shraddha @ Jannat And Another vs. State Of U.P. And 5 Others [WRIT - C No. - 23672 of 2023]

Case Citation: 2023 LiveLaw (AB) 304

Click Here To Read/Download Order