How Allahabad High Court Drew a Constitutional Line Between Interfaith Live-In and Illegal Conversion

In a landmark decision, Allahabad High Court has ruled that a live- in relationship of two consenting adults belonging to different religions without the intention of marriage is not a criminal offence under the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021. The court expressed this view while hearing a batch of 12 petitions by women who sought police protection on the ground of being threatened for their association with men of different religions in life, in relationships, these being allegations levelled against them.

Out of 12 petitions, 7 were filed by Muslim women residing with Hindu men, and in the other 5 cases, women were of the Hindu religion and men of the Muslim faith. The petitioners informed the court that they faced harassment from family members and others for their choice of love. The Judge hearing the matter, Justice Vivek Kumar Singh, said that the court was looking at the petitioners as consenting adults who have exercised their right of personal choice, not as belonging to any religion, or fact of their religious beliefs.

In a strongly worded observation, the bench noted that if the law permits even same-sex adults to live together peacefully, then neither families nor the State can object to a heterosexual live-in relationship between two majors acting out of free will. The court underscored that the right to life and personal liberty under Article 21 of the Constitution includes the freedom to choose a partner and live with dignity.

The State government opposed the petitions, arguing that the anti-conversion law requires prior declaration to the district magistrate if religious conversion is involved, and that such compliance had not been shown. However, the court found no material to indicate that any conversion had taken place or was even attempted.

Conversion is understood as giving up ones religion to embrace another, " the bench said while noting that none of the petitioners had made allegations of coercion or intention to convert. Since there was no FIR or complaint accusing them of illegal conversion, the court found that the simple fact of an interfaith relationship should not be grounds for criminal liability under the law.

By referring to Articles 14, 15, and 21, the High Court ruled that consensual interfaith live, in relationships are fully protected by the constitution. The Court advised that the petitioners may request police protection if they feel threatened, and it clearly distinguished between illegal religious conversion on the one hand, and adults' fundamental right to choose their partners on the other.