Compliance with the provisions of the UP Prohibition of Unlawful Conversion of Religion Act, 2021, particularly Sections 8 and 9, is essential for the validity of inter-religious marriages.

JUDGMENT :

1. Heard Shri Sanjay Kumar Srivastava, learned counsel for the petitioners and Yogesh Kumar, learned Standing Counsel for the State-respondents.

2. By means of present writ petition, the petitioners have prayed for a writ of mandamus commanding the respondents 2 and 3 to provide adequate security to petitioners and further restraining the respondents from causing any interference in peaceful living of petitioners as husband and wife.

3. Learned Standing Counsel points out that petitioner No.1 earlier belonged to Muslim religion and the petitioner No.2 belongs to Hindu religion and 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.

4. The Act of 2021 was enacted with the following object:

"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."

5. Section 3 of the Act prohibits conversion from one religion to another religion by misrepresentation, force, fraud, undue influence, coercion or allurement. For the purpose of the present case, Explanation attached to sub-section (1) of Section 3 has significance and, therefore, the provision is being reproduced for a ready reference:

"3. Prohibition of conversion from one religion to another religion by misrepresentation, force, fraud, undue influence, coercion or allurement-(1) No person shall convert or attempt to convert, either directly or otherwise, any other person from one religion to another by use or practice of misrepresentation, force, fraud, undue influence, coercion or allurement or by any fraudulent means. No person shall abet, convince or conspire such conversion:

Explanation.-For the purposes of this sub-section conversion by solemnization of marriage or relationship in the nature of marriage on account of factors enumerated in this sub-section shall be deemed included."

6. Section 6 of the Act 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. For the convenience sake, Section 6 is extracted as under:

"6. Marriage done for sole purpose of Unlawful Conversion or vice-versa to be declared void.-Any marriage done for sole purpose of unlawful conversion or vice-versa by the man of one religion with the woman of another religion, either by converting himself/herself before or after marriage, or by converting the woman before or after marriage, shall be declared void by the Family Court or where Family Court is not established, the Court having jurisdiction to try such case on a petition presented by either party thereto against the other party of the marriage :

Provided that all the provisions of Section 8 and 9 shall apply for such marriages to be solemnized."

7. From the scheme of the Act of 2021, conversion from one religion to another is not impermissible. Rather, Sections 8 and 9 of the Act deal with the provisions for a valid conversion and its effect. For a ready reference, Sections 8 and 9 of the Act, 2021 are extracted as under:

"8. Declaration before conversion of religion and pre-report about conversion.- (1) One who desires to convert his/her religion, shall give a declaration in the form prescribed in Schedule-I at least sixty days in advance, to the District Magistrate or the Additional District Magistrate specially authorized by District Magistrate, that he wishes to convert his/her religion on his/her own and with his/her free consent and without any force, coercion, undue influence or allurement.

(2) The religious convertor, who performs conversion ceremony for convert