Two separate verdicts from the Allahabad High Court seemingly lead to a situation where Hindu-Muslim couple can live-together without anybody, including their parents, harassing them but if their marriage may not be valid and they may not get Court’s protection against family’s harassment.
In both the case the couples are consenting adults and their personal choices are protected by the Constitution. Yet, there are two conflicting verdicts and legal complications leading to women losing their right to choose whom they marry.
In the case of Smt. Shraddha @ Jannat And Another vs. State of UP, an adult Muslim woman Jannat (later name changed to Shraddha) converted to Hinduism and married her Hindu partner. Her family objected to their relationship so the couple approached Allahabad High Court to get protection from family harassment but they did not get the relief sought because their marriage is not valid under UP’s anti conversion law also commonly known as Love Jihad law. The Court held that since the woman did not give notice to District Magistrate as per the anti-conversion law before converting to Hindu religion the marriage is not valid. The anti-conversion law was purportedly brought in to stop Muslim men from converting Hindu woman to Islam for the purpose of marriage, something the Hindu Radical Right wing labels as a conspiracy they call “Love-Jihad”. Right wing fears the love-jihad because they think Muslim men are doing a conspiracy to convert all Hindu women into Islam and thereby increase the Muslim population in India. But in this case, a Muslim woman wanted to come within the Hindu fold, but the law came in the way.
At the same time, in another case, a Muslim woman and Hindu man who started living together without marriage, got a great support from the Allahabad High Court which held that inter-faith couple are at liberty to live together. “No person, including their parents or anyone acting on their behalf, shall be permitted to interfere in their peaceful live-in-relationship,” the Court ordered. In this case, the Muslim woman’s mother and other family members have been harassing them and threatening them with dire consequences if they continued to live together. The man had even approached the Police but there was no action. In the verdict, the High Court referred to several Supreme Court verdicts to emphasize on an adult woman’s right to choose. The Court emphasized that the barbaric acts of honour killings can be stamped out only when all consenting adults in inter-caste and inter-religious relationships get full support and protection from the police and judiciary.
Feminists have pointed out that UP’s anti-conversion law in the name of preventing conversion and “Love-Jihad” is against woman’s individual rights to choose whom they marry or have romantic and sexual relationship with. Such laws treat women as weak and assume that they do not have a mind of their own and are easily fooled by men. The law has also been challenged in the Court and the hearings are pending.
Meanwhile, couples seem to have found a way around. The above two verdicts show that if they start living-in there will not be any legal complications and in case of harassment Court will protect them but religious conversion for the purpose of marriage is prohibited by law and the couple may not get protection from judiciary.
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