Protection to inter-faith couple must be provided irrespective of Conversion: Allahabad High Court
The fact of that an individual has converted to Islam would not be a relevant factor while ensuring that there is no interference in the liberty of the individual unless there is any allegation by the individual regarding forcible conversion, held, a single-judge bench of Justice Salil Kumar J, while adjudicating the matter in Yashi Devi vs. State of UP; [WRIT – C No. – 10655 of 2021].  This petition has been filed by the petitioners for a direction upon the respondents not to interfere with their marital life and liberty. It is claimed that petitioners are major and have solemnized marriage out of their own free will. It is alleged that private respondent/s is interfering with their marital life and liberty. It has been asserted in the writ petition that the petitioner no.1 – Yashi Devi is aged about 20 years and Guchhan Khan – petitioner no. 2 is aged about 40 years and both entered into marriage after petitioner no.1 converted to Islam. Law is settled that it is the right of couples to live peacefully without any interference in case they are major. Hon’ble Supreme Court in Lata Singh Vs. State of U.P., AIR 2006 SC 2522 has already stated that; “The caste system is a curse on the nation and the sooner it is destroyed the better. In fact, it is dividing the nation at a time when we have to be united to face the challenges before the nation unitedly. Hence, inter-caste marriages are in fact in the national interest as they will result in destroying the caste system. We, therefore, direct that the administration/police authorities throughout the country will see to it that if any boy or girl who is a major undergoes inter caste or inter-religious marriage with a woman or man who is a major, the couple are not harassed by any one nor subjected to threats or acts of violence, and anyone who gives such threats or harasses or commits acts of violence either himself or at his instigation, is taken to task by instituting criminal proceedings by the police against such persons and further stern action is taken against such persons as provided by law.”
Court No. 35 Case : WRIT C No. 106521 Petitioner : Yashi Devi And Another Respondent : State Of U.P. And 3 Others Counsel for Petitioner : Ram Kumar Dubey Counsel for Respondent : C.S.C Hon ble Salil Kumar Rai J This petition has been filed by the petitioners for a direction upon the respondents not to interfere with their marital life and liberty. It is claimed that petitioners are major and have solemnized marriage out of their own free will. It is alleged that private respondent s is interfering with their marital life and It has been asserted in the writ petition that the petitioner no.1 Yashi Devi is aged about 20 years and Guchhan Khan petitioner no. 2 is aged about 40 years and both entered into marriage on 11.1.2021 after petitioner no.1 converted to Islam Law is settled that it is the right of couples to live peacefully without any interference in case they are major. Hon ble Supreme Court in Lata Singh Vs. State of U.P. AIR 2006 SC 2522 has already issued following directions in para 17 which reads as Under: The caste system is a curse on the nation and the sooner it is destroyed the better. In fact it is dividing the nation at a time when we have to be united to face the challenges before the nation unitedly. Hence inter caste marriages are in fact in the national interest as they will result in destroying the caste system. However disturbing news are coming from several parts of the country that young men and women who undergo inter caste marriage are threatened with violence or violence is actually committed on them. In our opinion such acts of violence or threats or harassment are wholly illegal and those who commit them must be severely punished. This is a free and democratic country and once a person becomes a major he or she can marry whosoever he she likes. If the parents of the boy or girl do not approve of such inter caste or inter religious marriage the maximum they can do is that they can cut off social relations with the son or the daughter but they cannot give threats or commit or instigate acts of violence and cannot harass the person who undergoes such inter caste or inter religious marriage direct that the administration police authorities throughout the country will see to it that if any boy or girl who is a major undergoes inter therefore We WWW.LIVELAW.IN caste or inter religious marriage with a woman or man who is a major the couple are not harassed by any one nor subjected to threats or acts of violence and any one who gives such threats or harasses or commits acts of violence either himself or at his instigation is taken to task by instituting criminal proceedings by the police against such persons and further stern action is taken against such persons as provided by law In view of the clear enunciation of law by the Hon ble Apex Court in the above matter it is obligatory for the concerned authorities to ensure compliance of the above directions in view of Article 141 of the Constitution of India. Above law has since been reiterated in Bhagwan Dass Vs. State2011) 6 SCC 396. In case petitioners face any genuine threat to their life and liberty or they are harassed contrary to law laid down in Lata Singh it shall be open for them to approach the Senior Superintendent of Police of the District concerned and furnish necessary details in that regard like proof of their majority marriage and alleged harassment etc. who shall take all steps as may be required in law to ensure that petitioners life and liberty are not interfered with keeping in view the directions issued in Lata Singh (supra). The filing of this petition or the order of its disposal however would not be treated as proof of marriage between the petitioners. It is also clarified that petitioners if major are entitled to live together even if not married and therefore proof of their marriage would not be required and shall not be insisted upon by the concerned Police Officer. It is further clarified that the fact of the petitioner having converted to Islam would not be a relevant factor while ensuring that there is no interference in the liberty of the petitioners unless there is any allegation by petitioner no.1 regarding forcible conversion Since the writ petition is being decided at the stage of fresh motion itself and notice has not been issued to private respondent s as such liberty is given to them to file a recall in case any of the averments made in the writ petition are found to be incorrect and this order shall stand automatically vacated in case any First Information Report has been lodged in the matter Subject to the observations made above the writ petition stands disposed of. Order Date : 8.6.2021 Digitally signed by Justice Salil Kumar Rai Date: 2021.06.08 17:07:35 IST Reason: Document Owner Location: High Court of Judicature at AllahabadWWW.LIVELAW.IN 