Anti-conversion law applies to live-in couples also: HC

The Allahabad High Court has held that the UP Prohibition of Unlawful Conversion of Religion Act, 2021 applies to live-in couples too.

Justice Renu Agarwal made the observation while denying protection to an interfaith couple (petitioners) since the duo had not applied for registration of any conversion under the provisions of the 2021 Act. The court said that it was mandatory for interfaith couples to apply for conversion in accordance with the Act.

The anti-conversion law passed in 2021 prohibits unlawful conversions from one religion to another by misrepresentation, force, fraud, undue influence, coercion and allurement.

It particularly mentions that any marriage done for the “sole purpose of unlawful conversion” shall be declared void by the family court.

A person converting his/her religion for marriage purposes is thus required to declare the conversion to authorities who in turn will enquire to rule out any angle of coercion.

However, the law does not explicitly state anything with regard to live-in couples or even those persons who marry without conversion of religion.

The court after analysing the explanation under Section 3(1) of the Act opined that the anti-conversion law also applies to live-in relationships.

Thus, the court said the relationship of the petitioners couldn’t be protected since they had not applied for registration of any conversion under the provisions of the 2021 Act.

In the present case, a Muslim woman (24) married a Hindu man (23) on January 1. Their online application for the registration of their marriage was pending.

Due to apprehensions that their life and liberty were in danger, they had approached the court seeking police protection.

The state opposed their plea, saying that they had not applied for the conversion of religion.