4. Allahabad High Court Ruling on Interfaith Relationships and Anti-Conversion Law

The Allahabad High Court has delivered a landmark judgment providing police protection to 12 interfaith livein couples, clarifying that the mere existence of an interfaith relationship does not trigger the penal provisions of the State\'s anti-conversion law unless an actual religious conversion is involved. The court emphasized that the State cannot view adult citizens through the lens of religion when they exercise their fundamental right to choose a partner. Key Highlights of the High Court Judgment • Scope of Anti-Conversion Law: The Court ruled that the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021, applies only in cases of actual conversion through force, fraud, or allurement; it does not prohibit interfaith marriages or relationships per se. • Primacy of Adult Autonomy: The Bench observed that if the law permits same-sex couples to live together, the State or family cannot object to the heterosexual relationships of two consenting adults of different faiths. • State\'s Constitutional Obligation: The judgment reiterates that the State is duty-bound to protect the life and liberty of every citizen under Article 21, regardless of their religious beliefs or the social perception of their relationship. • Rejection of State\'s \'Unlawful\' Argument: The Court dismissed the State\'s contention that interfaith live-in relationships are inherently \'unlawful\' if they do not comply with the procedural requirements of Sections 8 and 9 of the Anti-Conversion Act. • Unity in Diversity: The Bench noted that disregarding the choice of an individual of majority age is antithetical to the freedom of choice and poses a threat to the national concept of unity in diversity. • Protection from Interference: The High Court directed the police and private respondents (families) to refrain from interfering in the privacy and liberty of the petitioners, affirming their right to live peacefully. Definitions of Key Terms • Interfaith Relationship: A romantic or domestic partnership between two individuals belonging to different religious faiths. • Live-in Relationship: An arrangement where two people who are not married live together in an emotionally and/or sexually intimate relationship on a long-term or permanent basis. • Actual Conversion: The formal act of changing one\'s religion from one faith to another, which under the UP law, requires specific notifications to the District Magistrate. • Age of Majority: The threshold of adulthood as recognized by law (18 years in India), at which a person acquires full legal capacity to make personal life decisions. Constitutional and Legal Provisions • Article 21: Guarantees the Right to Life and Personal Liberty, which the Supreme Court has previously interpreted to include the \'Right to Choose a Partner.\' • Article 14 & 15: Prohibit discrimination by the State on the grounds of religion, race, caste, sex, or place of birth, ensuring equality before the law. • Article 25: Grants the freedom to profess, practice, and propagate religion, which also includes the right to not convert or to maintain one\'s faith within a marriage. • U.P. Prohibition of Unlawful Conversion of Religion Act, 2021: A state law aimed at preventing \'love jihad\' by criminalizing conversions done through misrepresentation, force, or marriage. • Special Marriage Act, 1954: A central legislation that provides a legal framework for the marriage of people belonging to different religions without requiring conversion. Additional Important Key Points • Procedural Safeguards: The State had argued that under Sections 8 and 9 of the Act, a 60-day notice to the DM is mandatory for conversion; however, the Court clarified this is irrelevant if no conversion is sought. • Judicial Precedents: This ruling aligns with the Supreme Court\'s stance in cases like Shafin Jahan v. Asokan K.M. (Hadiya Case) and Lata Singh v. State of UP, which upheld individual autonomy in choosing life partners. • Privacy as a Fundamental Right: The judgment draws strength from the Justice K.S. Puttaswamy verdict, which established privacy (including intimate choices) as a core component of Article 21. Conclusion and UPSC Relevance The Allahabad High Court\'s decision acts as a vital check on executive overreach regarding personal liberties. By distinguishing between \'interfaith cohabitation\' and \'unlawful conversion,\' the judiciary has safeguarded the secular fabric of the Constitution against rigid interpretations of state laws. For the UPSC Civil Services Exam, this topic is essential for GS Paper II (Polity and Governance) and GS Paper IV (Ethics). It touches upon the \'Conflict between State Laws and Fundamental Rights,\' \'Judicial Review,\' and the \'Societal vs.Individual Morality.\' Candidates should focus on the balancing act between the State’s power to regulate conversion and the individual’s right to privacy and choice.