Bombay High Court Issues Notice On PIL Challenging Decision To Form Committee To Monitor Inter-Faith Marriages

The Bombay High Court today sought State's response to a public interest litigation (PIL) challenging a Government Resolution (GR) issued by the Maharashtra government for the formation of an Interfaith Marriage-Family Coordination Committee.

A division bench of Acting Chief Justice Nitin Jamdar and Justice Arif S Doctor issued notice on the PIL and posted the matter on August 1, 2023.

The committee's objective, as stated in the GR, is to gather detailed information about women in interfaith marriages and oversee district-level initiatives for women who may be estranged from their maternal families.

As per the petition filed by four non-governmental organisations (NGOs), the formation of this committee is discriminatory and furthers a false narrative, encouraging negative public perception of interfaith marriages.

"the direct consequence of forming such a committee is that it is discriminatory against all women and particular religious communities, and encourages divide amongst people instead of fostering harmony, peace, co-existence and fraternity amongst the diverse religious sects of this secular country. By using the inherently questionable “protection of women” as a paradigm, and thereby tracing inter religious relationships only through women, the Maharashtra Government is displaying discrimination on basis of gender as also denying women their own agency and choice", according to the petition. 

The petition also raises concerns about privacy and the potential targeting of minority populations. According to the petition, the committee lacks safeguards and guidelines to protect the collected data, posing a risk of misuse and violating the fundamental right to privacy.

The petition also challenges the government's justification for the formation of the committee. It states that no prior research or study was conducted to establish the need for such a committee. According to the petition, the government failed to consider the existing social context, and the committee will further restrict women's agency in choosing their partners, potentially leading to arbitrary actions against interfaith couples.

"the statements made by the Government which have been culled out in the earlier paragraphs of the Petition attest to the fact that the purpose of forming such a Committee is to serve as a surveillance tool to interfere and intervene in the lives of women in inter-faith marriages based on flawed assumptions that such women need more protection from their partners", the petition states.

The petition cites World Health Organization and states that 30 percent women in the world face domestic or sexual violence from husband/male partners. "In light of such statistics, it becomes evident that the reason behind implementing the GRs stems from the false narrative around inter-religious marriages which primarily stems from propaganda against the minority communities in the country", the petition states.

The petition also raises concern about the potential risks and threats to the safety of interfaith couples, particularly those marrying against their families' wishes. According to the petition, the committee will increase the risks faced by these couples, posing a direct contradiction to the purported intention of protecting women.

"an inquiry into whether women in such marriages are still in touch with their parents or not will not yield productive results but will only amount to further harassment of women in inter-religious marriages...In many cases, abuse is perpetrated on women from their maternal families. By forcing reconciliation with such abusive families, appropriate redress will not be provided to them. The whole purported purpose of the Government Resolution is to help women in abusive marriages or those are estranged from their families. However, the resolution infantilizes women and takes away their agency in choosing a partner of their choice by subjecting them to paternalistic scrutiny at the hands of the State machineries", the petition states.

The formation of this Committee is violative of Articles 14, 15, 19, 21 and 25 of the Constitution, the petition contends. Therefore, the petitioners have prayed for setting aside the Government Resolution. The petitioners also seek directions restraining the state to act on the GR during the pendency of the petition.

Case Title: Citizens for Justice and Peace and Ors. v. State of Maharashtra and Anr.