Monday, May 20

Allahabad High Court Dismisses Hindu-Muslim Couples’ Plea Seeking Protection

Edited by Fazal Rahman Chembulangad

Allahabad High Court today (Monday) dismissed petitions filed by Hindu-Muslim couples for the protection of their life. The Court while dismissing the plea cited non-compliance with the provisions of Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act. Out of the total eight cases, three Hindu Men married Muslim women while five Muslim men married Hindu women.

Each couple with their separate petitions had approached the High Court seeking protection and non-interference by others in their marriage lives. However, the Court dismissed all these cases in different hearings during the month of January this year.

In its order, Justice Saral Srivastava said that the protection sought by the petitioners cannot be granted. The judge further said that all these cases are interfaith marriage and the marriage itself was not in accordance with the law. He further noted that the couples had not followed anti-conversion law. “In such view of the fact, the relief prayed for by the petitioners cannot be granted. Consequently, the 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,” the Court said in its order.

The anti-conversion law passed in 2021 in Uttar Pradesh prohibits unlawful conversion from one religion to another by misrepresentation, force, fraud, undue influence, coercion and allurement. However, there are allegations against the law saying that it is being misused by the authorities. According to a report, a total of 189 people had been arrested in connection with anti-conversion cases, The Print reported citing police data. A report published by article 14 also showed that 67 per cent of cases were registered on the complaints by their parties, especially Bajrang Dal and Vishwa Hindu Parishad (VHP), and members of the Rashtriya Swayamsevak Sangh (RSS).

However, the latest eight cases that came before the High Court were dismissed citing the anti-conversion law. The contentious anti-conversion law enacted by the states such as Uttar Pradesh, Madhya Pradesh, Gujarat, Uttarakhand and Himachal Pradesh is pending before the Supreme Court. The petitioners are challenging the constitutional validity of the anti-conversion law.