INTRODUCTION
The infamous Uttar Pradesh Prohibition of Unlawful Conversion of Religion Ordinance, criminalizes consensual interfaith marriage, that means people whose religious beliefs are different cannot marry and would be liable for penal consequence if violated. It has always been a matter of fiery contention and people incense by interfaith unions without any evidence of it being a social evil or any statistical data to prove its rising trend. In such an instance, the ordinance is quite irrelevant and can be said to search a problem that does not even exist. It is a way of harassment which police force can misuse to notoriously inept in curbing crime. It is also a tool to intimidate Muslims. UP has 19% of its population as Muslims and they are represented by only 24 legislators in the State Assembly. Moreover, the Ruling government does not have a single Muslim legislator. Thus, this ordinance is truly a tool of harassment of adults who wants to marry interfaith partner.
The malevolent ordinance is based on myth that Muslim men are preying on Hindu women, faking love with them, brainwashing them, marrying them, and consequently converting them. Right-wing conspiracists fear that this would make Hindus a minority on “its own land" in the distant future. For preservance of Hindus as a majority in India, several states have enforced “anti-conversion” laws that include controversial marriage provisions that are sometimes referred to as “Love jihad” laws. These state-level statutes have been enacted to regulate religious conversions and the Uttar Pradesh prohibition of Unlawful Conversion of Religion Ordinance is in furtherance of these statutes.
THE LIGHT OF HOPE
The Allahabad High Court has proved to be a light of hope against the hostile anti- conversion laws. The Court, while hearing the petition of an interfaith couple, has observed that adults have their right to choose their matrimonial partners, irrespective of the religion they profess.
The Division bench of Allahabad High Court, comprising of Justice Manoj Kumar Gupta and Justice Deepak Verma, made their observations in a petition filed by a Muslim girl named Shifa Hasan and her Hindu partner. It stated, "It cannot be disputed that two adults have the right choose their matrimonial partner, irrespective of the religion professed by them. As the present petition is a joint petition by the two individuals who claim to be in love with each other and are major, therefore, in our considered opinion, nobody, not even their parents, can object to their relationship"
In the joint petition, filed by the couple, their contention was that they love each other and have been living together on their own will and choice. However, some of their family members have not accepted their relationship and have been disturbing their peaceful living time and again. As per the report submitted before the court, the boy's father had not agreed to the marriage though his mother was ready for the same. Both parents of Shifa Hasan were against her interfaith marriage. In addition to it, Shifa Hasan admitted before the court that she has applied for conversion from Muslim to Hindu religion and the District Magistrate had also asked for a report from the concerned police station regarding the said application.
After looking at all the aspects carefully, the court made its decision and granted protection to the couple. The Court noted that both the petitioners, the boy aged 24 years and the girl 19 years, have attained the age of majority and have the right to freely choose their partner for marriage irrespective of the religion. The court added that even their parents have no right to object to their relationship.
Accordingly, the court also issued directions to the police authorities to make sure that the couple was not subjected to any kind of harassment by their family members or by any other person in regard with their relationship with each other.
CONCLUSION
The UP anti-conversion law is violative of a person’s right to privacy, his choice of partner as well as his freedom of conscience. Religion is an idea; one can believe it, disregard it, embrace any other idea of his choice, or even choose not to embrace any religion at all. This choice is also protected by and consistent with the fundamental right to freedom of religion assured by the Indian Constitution.
As forcing a person to marry someone is wrong and should be illegal. Likewise, forcing him/her to profess any specific religion is wrong and should be considered illegal. On the contrast, The UP ordinance on interfaith marriages infringes a person’s autonomy and increases regressive authority.
In such circumstances, the judgment of Allahabad high Court can be seen as a relief to the interfaith couple and to the public at large. The Court has declared that adults should have the right to choose whom they want to marry, irrespective of the religion professed by them.
REFRENCES
Indeed we have right to choose, but why to convert ? How can you celebrate a marriage as ‘interfaith’ when one requires you to convert where the diversity is finished ? that’s a bigoted marriage, and protecting such constitutional values at the cost of victims of interfaith marriages is not a good idea and completely brushing the politically incorrect facts under the carpet