November 22, 2024
Live-in couples are also subject to the UP Anti-conversion Law: Allahabad High Court
Supreme Court

Live-in couples are also subject to the UP Anti-conversion Law: Allahabad High Court

Mar 13, 2024

Last Updated on March 13, 2024 by News Desk

Issue:
Concerns over the legal standing of interfaith couples under the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021 have been raised in light of the Allahabad High Court’s recent statement regarding the law’s application to cohabitation.

Facts of the Case:
A Hindu-Muslim couple who were married in Arya Samaj ceremonies but had not converted to Islam was not granted protection by the Court. Fearing for their lives and freedom, the couple went to the police for protection. In opposition to their request, the state claimed that they had not submitted an application for religious conversion as required by the 2021 Act.

Arguments Presented by Parties:
Citing their right to personal freedom, the petitioners made an argument for protection. They argued that regardless of religious conversion, their connection should be safeguarded. The state countered that their connection is no longer protected if the conversion legislation is broken.

Judgement Delivered by Court:
The Court decided that partnerships similar to marriage, such as cohabitation, are covered by the anti-conversion statute in addition to marriages. The petitioners’ request for protection was denied because they had not recorded any religious conversion. The Court recognized the right to personal liberty and underlined the need of abiding by legislative restrictions. It made it clear that living together without first getting a formal divorce from a former marriage is forbidden. The ruling demonstrates the Court’s steadfast position of refusing protection to interfaith couples who disobey the anti-conversion statute.

Conclusion:
The verdict of the Allahabad High Court draws attention to the legal nuances that surround interfaith partnerships in Uttar Pradesh and emphasizes how important it is to follow the state’s anti-conversion laws, even when a couple lives together.

Written by: Nikita Shankar @nikitaashankar

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