Adults have Right to choose their matrimonial partners irrespective of

Religion
INTRODUCTION

The infamous Uttar Pradesh Prohibition of Unlawful Conversion of Religion Ordinance,

criminalizes consensual interfaith marriage, that means people whose religious beliefs are
different cannot marry and would be liable for penal consequence if violated. It has always been
a matter of fiery contention and people incense by interfaith unions without any evidence of it
being a social evil or any statistical data to prove its rising trend. In such an instance, the
ordinance is quite irrelevant and can be said to search a problem that does not even exist. It is a
way of harassment which police force can misuse to notoriously inept in curbing crime. It is also
a tool to intimidate Muslims. UP has 19% of its population as Muslims and they are represented
by only 24 legislators in the State Assembly. Moreover, the Ruling government does not have a
single Muslim legislator. Thus, this ordinance is truly a tool of harassment of adults who wants
to marry interfaith partner.

The malevolent ordinance is based on myth that Muslim men are preying on Hindu women,
faking love with them, brainwashing them, marrying them, and consequently converting them.
Right-wing conspiracists fear that this would make Hindus a minority on “its own land" in the
distant future. For preservance of Hindus as a majority in India, several states have enforced
“anti-conversion” laws that include controversial marriage provisions that are sometimes referred
to as “Love jihad” laws. These state-level statutes have been enacted to regulate religious
conversions and the Uttar Pradesh prohibition of Unlawful Conversion of Religion Ordinance is
in furtherance of these statutes.

THE LIGHT OF HOPE

The Allahabad High Court has proved to be a light of hope against the hostile anti- conversion
laws. The Court, while hearing the petition of an interfaith couple, has observed that adults have
their right to choose their matrimonial partners, irrespective of the religion they profess.

The Division bench of Allahabad High Court, comprising of Justice Manoj Kumar Gupta and
Justice Deepak Verma, made their observations in a petition filed by a Muslim girl named Shifa
Hasan and her Hindu partner. It stated, "It cannot be disputed that two adults have the right
choose their matrimonial partner, irrespective of the religion professed by them. As the present
petition is a joint petition by the two individuals who claim to be in love with each other and are
major, therefore, in our considered opinion, nobody, not even their parents, can object to their
relationship"
In the joint petition, filed by the couple, their contention was that they love each other and have
been living together on their own will and choice. However, some of their family members have
not accepted their relationship and have been disturbing their peaceful living time and again. As
per the report submitted before the court, the boy's father had not agreed to the marriage though
his mother was ready for the same. Both parents of Shifa Hasan were against her
interfaith marriage. In addition to it, Shifa Hasan admitted before the court that she has applied
for conversion from Muslim to Hindu religion and the District Magistrate had also asked for a
report from the concerned police station regarding the said application.

After looking at all the aspects carefully, the court made its decision and granted protection to
the couple. The Court noted that both the petitioners, the boy aged 24 years and the girl 19 years,
have attained the age of majority and have the right to freely choose their partner for marriage
irrespective of the religion. The court added that even their parents have no right to object to
their relationship.

Accordingly, the court also issued directions to the police authorities to make sure that the couple
was not subjected to any kind of harassment by their family members or by any other person in
regard with their relationship with each other.

CONCLUSION

The UP anti-conversion law is violative of a person’s right to privacy, his choice of partner as
well as his freedom of conscience. Religion is an idea; one can believe it, disregard it, embrace
any other idea of his choice, or even choose not to embrace any religion at all. This choice is also
protected by and consistent with the fundamental right to freedom of religion assured by the
Indian Constitution.

As forcing a person to marry someone is wrong and should be illegal. Likewise, forcing him/her
to profess any specific religion is wrong and should be considered illegal. On the contrast, The
UP ordinance on interfaith marriages infringes a person’s autonomy and increases regressive
authority.

In such circumstances, the judgment of Allahabad high Court can be seen as a relief to the
interfaith couple and to the public at large. The Court has declared that adults should have the
right to choose whom they want to marry, irrespective of the religion professed by them.

REFRENCES
 https://scroll.in/latest/1005598/adults-can-choose-matrimonial-partners-irrespective-of-
religion-says-allahabad-high-court
 https://www.newindianexpress.com/nation/2021/sep/17/two-adults-have-the-right-to-
choose-life-partner-irrespective-ofreligion-allahabad-hc-2360132.html
 https://blogs.loc.gov/law/2021/03/falqs-the-controversy-over-marriage-and-anti-
conversion-laws-in-india/
 https://www.business-standard.com/article/current-affairs/adults-have-right-to-choose-
their-partner-irrespective-of-religion-hc-121091700345_1.html
 https://www.livemint.com/opinion/columns/an-anti-interfaith-marriage-law-should-be-
called-out-for-what-it-is-11608741469030.html