Parties To A Proposed Inter-Faith Marriage Has To Comply With UP Prohibition Of Unlawful Conversion of Religion Act: Allahabad HC

From the scheme of the Act of 2021, conversion from one religion to another is not impermissible. However, Sections 8 and 9 of the Act deal with the provisions to attach sanctity/validity to such marriages and its effect. Section 8 provides for a provision for ‘Declaration before conversion of religion’ and pre-report about conversion, while Section 9 provides for ‘Declaration post conversion of religion’.

Under the Act, Section 6 renders a marriage performed for the sole purpose of unlawful conversion or vice-versa as void, however, the proviso attached to the said section speaks of applicability of the provisions of Sections 8 and 9 as regards such marriages.

While discarding the argument for not being acceptable that since that Act has come into force in 2020-21, but conversion was done in 2017 at Arya Samaj Mandir and, therefore, no fresh conversion is required, a bench of Justice Kshitij Shailendra observed, “The scheme of the Act envisages that if conversion is done in relation to marriage of the persons belonging to different religions, irrespective of any past event, which might or might not attach sanctity to conversion, in case a marriage is solemnized after the Act of 2021 has come into force, i.e., after 27.11.2020 as per Section 1 (3) of the Act, the parties have to ensure compliance of Sections 8 and 9 of the Act and, in such event, conversion, if any, done in the past, may be a relevant fact during the course of inquiry conducted by the District Magistrate as per Sections 8 and 9 of the Act subject to satisfaction of the District Magistrate but it, in itself, cannot be a substantive proof of a valid conversion so as to attach sanctity to a marriage performed after the Act, 2021 has come into force”.

Advocate Sanjay Kr. Srivastava appeared for the petitioner and C.S.C. Yogesh Kumar appeared for the State-respondents.

In the present matter, the woman earlier belonged to Muslim religion who allegedly converted to Hindu religion while the man was a Hindu.

It was contended by the State that in view of the provisions of the UP Prohibition of Unlawful Conversion of Religion Act, 2021, unless compliance of the provisions of Sections 8 and 9 is made by the parties belonging to different religions, no sanctity/validity can be attached to such marriage.

The bench in the matter further noted that since the alleged marriage between the petitioners was performed on January 2, 2024 by which date the aforesaid Act of 2021 had come into existence. Therefore, before the date of marriage, the petitioners should have complied with the provisions of the Act, in case, they wanted to attach sanctity/legality to the conversion, which is now controlled and governed by the enactment passed by UP Legislature.

The object of the Act of 2021 is "An Act to provide for prohibition of unlawful conversion from one religion to another by misrepresentation, force, undue influence, coercion, allurement or by any fraudulent means of by marriage and for the matters connected therewith or incidental thereto”.

Appearances: Advocate Sanjay Kr. Srivastava appeared for the petitioner and C.S.C. Yogesh Kumar appeared for the State-respondents.

Cause Title: Smt Nikita @ Najrana And Another v. State Of Up And 3 Others

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