The Allahabad High Court's recent observation highlights that the UP Prohibition of Unlawful Conversion of Religion Act, 2021 extends its applicability beyond just marriages to encompass relationships akin to marriage, including live-in relationships.
A bench headed by Justice Renu Agarwal made this remark while rejecting a protection plea filed by an interfaith couple (petitioners), noting that they had not sought registration for any conversion under the guidelines outlined in the 2021 Act.
The court noted that the Act, enforced since March 5, 2021, mandates interfaith couples to pursue conversion in accordance with its stipulations. It highlighted that none of the petitioners had applied for religious conversion as outlined in Section 8 and 9 of the Act.
The Court further emphasized that while courts possess the authority to interpret laws in cases of ambiguity, the 2021 legislation is unequivocal in its requirement for conversion, extending beyond inter-caste marriages to relationships akin to marriage. Therefore, the Court cautioned against interpreting the law when its provisions are clear and explicit.
The observations were made as the court rejected the protection plea filed by a 24-year-old Muslim woman and her 23-year-old Hindu partner, who asserted that they had formalized their marriage in January of the current year following Arya Samaj rituals.
They approached the court, asserting that they were living as husband and wife and that their relationship was being disrupted by private respondent no.4, who did not approve of their marital union.
It was additionally stated that the petitioners feared for their life and liberty due to the actions of respondent No.4, prompting them to seek the intervention of the High Court. Conversely, the state's counsel opposed their plea, contending that the petitioners had not initiated the process of religious conversion.
Case title: Mariya Zameel Urf Riya And Another vs. State Of Up And 3 Others
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