Faith and Marriage

Relevance: To understand the issue of interfaith marriages

Synopsis: Dubious legislations cannot be allowed to criminalise interfaith marriages

Introduction:

Gujarat HC has recently struck down certain provisions of the ‘Freedom of Religion (Amendment) Act, 2021’ which are contrary to the fundamental rights of the citizen.

• Many states like UP, MP, Himachal and Gujarat have brought laws against forced conversion like “Gujarat Freedom of Religion (Amendment Act) 2021.

What do the laws say?

• They have created ‘conversion by marriage’ as one of the illegal forms of conversion. However, the vagueness of the provisions gives police the power to hold police inquiries.
• The law also allows an aggrieved person, anyone related by blood to lodge an FIR.
• This often subjects the couple or bride/groom to criminal proceedings.

What do the courts say?

• Gujarat HC has stalled some provisions of the Act and has stopped initiation of criminal proceedings against such couples unless they have there were any of the illegal elements involved.
• This is also in line with Supreme Court (SC) rulings that states cannot police private lives and personal choices guaranteed under Article 21 of the constitution.
• In Shafin Jahan Vs Ashokan case, the SC made it clear that the right to marry is an integral part of a person’s choice.

Way Forward

The Gujarat HC’s reading of the law will hopefully have a bearing on other courts where similar laws have been challenged.

Terms to know

• Article 21