Conversion To Islam Not Relevant For Giving Protection: Allahabad HC

What is the issue

• The petition was filed by Yashi Devi aged about 20 years and Guchhan Khan aged about 40 years who entered into marriage on 11 January 2021, after Yashi converted to Islam.
• The Allahabad High Court stated that the religious conversion of a woman to Islam would not be considered as a relevant factor when it comes to securing the life and liberty of the couple.

Observations of the Court

• The Allahabad High Court while dealing with the plea of an inter-religious couple who alleged that the respondent is interfering with their marital life and liberty clarified that the fact of the petitioner has converted to Islam would not be a relevant factor while ensuring that there is no interference in the liberty of the petitioners.
• The Bench of Justice Salil Kumar Rai however said that the rule may not apply if the conversion to Islam was forced and not voluntary.
• The petitioner has claimed that they are major and have solemnized marriage out of their own free will.
• The court relied upon the judgment of the Supreme Court in the case of Lata Singh to reiterate that adult married couples have a right to live peacefully without any interference.
• Further, the court observed that given the clear enunciation of law by the Supreme Court in Lata Singh Vs. The State of U.P.,2006 that the concerned authorities must ensure compliance with the above directions given under Article 141 of the Constitution of India.
• The court asked the couple to approach the Senior Superintendent of Police of the district, who shall take all steps required to ensure that the petitioners’ life and liberty are not interfered with.

What are your thoughts on this issue?