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Synopsis

The Allahabad High Court recently dismissed the petition of a Hindu-Muslim couple seeking protection for their lives, asserting that their marriages did not comply with the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021.

The bench of Justice Saral Srivastava acknowledged the interfaith nature of the unions but emphasized that they failed to adhere to legal protocols, particularly the anti-conversion law.

The couple, where a Muslim man had married a Hindu woman had approached the court seeking protection against harassment.

They sought direction to the State authorities to stop the harassment and to provide protection of life and liberty to the petitioners.

The high court noted in the order that since there had been no compliance of the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021, therefore, solemnization of marriage between petitioners was not in accordance with law.

“In such view of the fact, the relief prayed for by the petitioners cannot be granted. Consequently, writ petition is dismissed. However, it is open to the petitioners to prefer fresh writ petition in case they solemnize marriage after following the due procedure of law,” court ordered.

It is noteworthy that challenges to the constitutional validity of anti-conversion laws in Uttar Pradesh, Madhya Pradesh, Gujarat, Uttarakhand, and Himachal Pradesh are currently pending before the Supreme Court.

The law prohibits the unlawful conversion of religion through misrepresentation, force, fraud, undue influence, coercion, and allurement.

The law states that if an individual wants to convert to any other religion, he/she will need to file a declaration before the district magistrate two months before the same and the religion convertor, who will convert the religion of that individual, shall give one month’s advance notice to the District Magistrate.

In the present matter, the single judge bench, however, clarified that it is open to the petitioners to prefer a fresh writ petition in case they solemnize marriage after following the due procedure of law.