Refusal of Protection towards 3 interfaith couples citing noncompliance with UP Anti-conversion Law by Allahabad HC

Team SoOLEGAL 1 Jul 2021 3:19pm

Refusal of Protection towards 3 interfaith couples citing noncompliance with UP Anti-conversion Law by Allahabad HC

Three interfaith couples were denied protection by the Allahabad HC, quoting non-compliance of the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2020.

To penalise “love jihad” Bharatiya Janata Party-ruled state Uttar Pradesh has enacted anti-conversion law. Love jihad is a deprecatory term created by the conservative groups to push the paranoid fear that Muslim men beguile Hindu ladies into marrying them with the sole reason to change their religion over to Islam.

Justice Siddharth in the order passed on June 25, 2021, stated that the couples not in any way has followed the mandatory submissions of declaration by the district magistrate, 60 days before conversion.

As per the first case, a Hindu man got married to a Muslim woman. The Muslim woman informed the court that she got converted to Hindu religion and “Sanskar Adhikari” of the Arya Samaj issued her a certificate. But, the court was of the opinion, There is no evidence of conversion of petitioner to Hindu religion. Without conversion to Hindu religion the marriage of the petitioners cannot be said to be in accordance with law.”

The same scenario was noticed in the second case, but here the Hindu man converted himself to Islam religion and got married in the form of “nikah”. A “kazi” asserted certificate of acceptance in the Islam religion was submitted by the man to the court. However, refering to Sections 8 and 9 of the abovementioned law the court held the marriage to be illegal.

According to Section 8,“one who desires to convert their religion has to give a declaration in a prescribed form at least 60 days in advance to the DM or the additional district magistrate that they wish to convert religion on their own and with their consent, without any force, coercion, undue influence or allurement.”Section 9, “mandates that the converted person shall send a declaration in a prescribed form within 60 days of the date of conversion to the concerned DM.”

Justice Siddharth was of the opinion that, The authentication of “kazi” is of no  consequence taking into account the above statute and the conversion of the petitioner number 2 from Hindu religion to Islamic religion is in contradiction to the aforementioned mandate.

 In the third case, in order to marry a Hindu man, a Muslim women got converted. Since, the court found  “no evidence of conversion” it was deemed to be unlawful as well. 

Tagged: Anti-conversion Law   Allahabad HC   Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act   love jihad   Bharatiya Janata Party   Justice Siddharth   Arya Samaj   Hindu religion   marriage act  
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