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Synopsis

A division bench of the Bombay High Court comprising Acting Chief Justice Nitin Jamdar and Justice Arif Doctor has sought Maharashtra State Government's response in a public interest litigation filed challenging the government resolution constituting the interfaith caste committee. 

The public interest litigation has been filed by the Citizen of Justice and Peace, People's Union for Civil Liberties challenging the implementation of the government resolution.

The plea states that the said resolution is against Articles 14, 15, 19 and 21 of the Constitution.

Additionally, the plea adds that the state government was displaying discrimination against women

"By using the inherently questionable protection of women as a paradigm and tracing inter-religious relationships only through women, the Maharashtra government is displaying discrimination based on gender as also denying women their own agency and choice.” the plea adds.

The petition also states that the right to privacy guaranteed under Article 21 is taken away merely because a woman is marrying outside her faith

"That the Government Resolution is violative of the right of women in inter-religious marriages under Article 21 and 25 of the Indian Constitution, as it seeks to curtail the privacy and personal liberty of such couples by subjecting them to State surveillance. The right to privacy guaranteed under the Constitution of India is not taken away merely because a woman has married outside her faith" the petition reads.

While citing an example of a Muslim man who was killed in Jharkhand for marrying a non-Muslim woman the plea states.

"That the Government Resolution leaves interfaith co extremely vulnerable to further harassment from their family and other vigilante grounds, because it makes available their personal information on a mere representation from the Committee. This is especially dangerous in light of the fact that men from minority religious communities are routinely attacked for marrying women from other religions," the plea states.

Further, the PIL contends that the government resolution also seeks to record information about couples who eloped and got married, and the documentation of such information is prone to be misused by family members and other conservative members of society. The petition cited an example from 2018, wherein, displeased with a Hindu- Muslim couple's elopement, a mob in Gujarat attacked and burned a man's house.

Case title: Citizen For Justice & Peace vs State of Maharashtra