Supreme Court Rejects Plea Against Allahabad High Court's Order Disapproving Religious Conversion For Marriage

Background

• In 2014, the Allahabad High Court in the case of Noor Jahan Begum and Ors. Vs. State of U.P. and Ors. held that converting religion for the sole purpose of marriage is not valid.

• In October, 2020, in Priyanshi @ Km. Shamren and ors. Vs. State of UP and another a petition was filed by an interfaith couple to direct police and the woman’s father to stop disturbing their marital life but it was dismissed by the Allahabad High Court while referring to the judgement given in the Noor Jahan case.

• However, in November 2020, in Salamat Ansari Vs. State of UP, the Allahabad High Court observed that, "None of these judgments dealt with the issue of life and liberty of two matured individuals in choosing a partner or their right to freedom of choice” and ruled the judgments in Noor Jahan and Priyanshi as not “laying good law”.

Highlights of the present case

• In November 2020, a petition was filed for setting aside the Allahabad High Court’s order in Noor Jahan’s case whereby conversion just for the sake of marriage was declared void.

• The petitioner contended that the aforesaid order serves as a ‘wrong precedent’ by stating that conversion by consenting adults for the purpose of marriage as void and it has even led to passing of an ordinance (The Prohibition of Unlawful Religious Conversion Ordinance, 2020) by the UP government as a result of which a lot of interfaith couples are being harassed.

Ruling by the Supreme Court

• The Supreme Court had initially suggested the petitioner to approach the High Court first but the petitioner requested the bench to consider the impugned order by submitting that the judgement given in Naresh Shridhar Mirajkar case rendered that in extraordinary circumstances, the Court should declare the order as a bad law.

• The Chief Justice questioned the petitioner if the said judgement states that Article 32 can be used to challenge an order and warned him that, “If it doesn't, we will impose heavy cost on you.”

• A bench comprising of Chief Justice SA Bobde and Justices AS Bopanna and V Ramasubramanian dismissed the petition stating that the Allahabad High Court has already declared conversion for the purpose of marriage only as bad in law and the court finds no reason to interfere with the said order.

What are your views on the Allahabad High Court’s order? Let us know in the comment section below.