Allahabad HC says previous orders on interfaith marriages not ‘good law’

The Allahabad High Court said to disregard the choice of a person, who is an adult, will "not only be antithetic to the freedom of choice of a grown up individual but would also be a threat to the concept of unity in diversity". (File)

Quashing an FIR lodged into allegations that a Muslim man kidnapped a Hindu woman and forcefully married her, the Allahabad High Court has said that “two adults are free to choose their partner” and it is their right to freedom of choice as to whom they would like to live with. The court observed that the judgments into two previous cases of interfaith marriages where it had observed that “conversion just for the purpose of marriage is unacceptable” were not “good law”.

This assumes significance as Uttar Pradesh Chief Minister Yogi Adityanath had cited this order while announcing he would bring a law on ‘love jihad’.

On November 11, the court was hearing a petition filed by Salamat Ansari and Priyanka Kharwar (Alia) which sought quashing of the FIR filed by the woman’s father, which the petition said was “prompted by malice and mischief”.

In the order, the court stated, “We do not see Priyanka Kharwar and Salamat as Hindu and Muslim, rather as two grown-up individuals who out of their own free will and choice are living together peacefully and happily over a year. The courts and the Constitutional Courts in particular are enjoined to uphold the life and liberty of an individual guaranteed under Article 21 of the Constitution of India. Right to live with a person of his/her choice irrespective of religion professed by them, is intrinsic to right to life and personal liberty. Interference in a personal relationship, would constitute a serious encroachment into the right to freedom of choice of the two individuals.”

The court said to disregard the choice of a person, who is an adult, will “not only be antithetic to the freedom of choice of a grown up individual but would also be a threat to the concept of unity in diversity”.

The court also ordered the quashing of the FIR, observing, “We before parting wish to reiterate that we are quashing the FIR primarily on the ground that no offences are made out, as discussed above, as also the fact that two grown up individuals are before us, living together for over a year of their own free will and choice.”

In an order passed by Justices Pankaj Naqvi and Vivek Agarwal on November 11, the court stated, “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 as to with whom they would like to live. We hold the judgments in Noor Jahan and Priyanshi as not laying good law.”

The order, however, also said, “We clarify that while deciding this petition, we have not commented upon the validity of alleged marriage/conversion.”

Last week, the UP government had announced that it had initiated the process to bring an ordinance to check unlawful conversions in the state.

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