Gujarat High Court asks State govt to explain objections in interfaith marriage case

Ahmedabad: The Gujarat High Court virtually pulled up the state government when the bench asked the latter to explain its position on the interfaith marriage on which the police had lodged an FIR. The government has to file an affidavit on this by September 20.

The case involved a marriage following religious conversion on which the husband, the priests who solemnised the marriage and the man's family were booked for violating the recently passed state law that bans religious conversion through marriages.

The FIR was filed in the Vadodara Police station; the alleged victim of the marriage and conversion stated that the FIR had baseless content and she affirmed her intention to remain married to the person charged with the offences under the amended Freedom of Religion (Amendment) Act 2021. The said legislation bans forced conversion through marriage and marriages through coercion, allurement or inducement.

The case also happens to be the first since the Act was notified after its amendment. The provisions of the amended law have been stayed by the High Court on the grounds that they violate the Constitution in aspects of personal freedoms regarding marriage and beliefs. The State government had said it would go in appeal to the Supreme Court against the stay.

In the case in question, as per details reported by the Hindu, seven persons were booked and arrested including the husband, in-laws and the priest who solemnisted the wedding.

The victim appeared before the High Court bench of Justice IJ Vora on Wednesday and deposed that she voluntarily filed the petition seeking to quash the FIR against her husband and the other accused and confirmed that she "wants to live together as married couple" with her husband.

She also stated that though she had approached local police in Vadodara, the police under the pressure of local groups, raised the issue of 'love jihad' while registering the FIR. The police further added the charges of 'rape and sodomy' in the FIR without consulting the woman. She categorically denied them and exressed shock at the police action of adding such charges without asking her.

The woman further submitted that she had contradicted the charge of forceful conversion, and that her affidavit to that effect was rejected by the lower court when it denied bail.

She and her husband stated in an affidavit that both had a relationship and were aware of each other's religion when they decided to get their marriage solemnised as per Islamic rites. The same was notarised and subsequently registered under the Special Marriage Act.

The couple also pointed out that there was no issue about the marriage between the two families, and the girl's father had stood witness to the marriage, but some groups raised a dispute about it on which police overzealously acted thereby communalising the issue under the label of 'love jihad'.

Based on the High Court directive the state government has until Sep 20 to file an affidavit explaining its objections to quashing of the charges and criminal proceedings.