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'We don't see as Hindu and Muslim but two grown up individuals': Allahabad HC on inter-religion marriage case Uttar Pradesh
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'We don't see as Hindu and Muslim but two grown up individuals': Allahabad HC on inter-religion marriage case

India Blooms News Service | @indiablooms | 24 Nov 2020, 11:41 am

Prayagraj/IBNS: In a significant judgement amid the "love jihad" debate in the country, the Allahabad High Court on Tuesday cancelled the case filed against a Muslim man by the parents of his wife who got married after converting her religion, media reports said.

"Interference in a personal relationship would constitute a serious encroachment into the right to freedom of choice of the two individuals," the court said.

Giving its judgement in the case against Salamat Ansari who married Priyanka Kharwar, a two-judge bench said, "We do not see Priyanka Kharwar and Salamat Ansari as Hindu and Muslim, rather as two grown-up individuals who - out of their own free will and choice - are living together peacefully and happily over a year.

"The Courts and the Constitutional Courts in particular are enjoined to uphold the life and liberty of an individual guaranteed under Article 21 of the Constitution of India."

Priyanka got married to Salamat, who is from Uttar Pradesh's Kushinagar, against her parents' wishes in August, 2019.

Before their marriage, Priyanka converted her religion to Muslim and changed her name to Alia.

In the month of August last year, Priyanka's parents had filed a First Information Report (FIR) against Salamat accusing him of kidnapping to compel a marriage.

The parents had also claimed Priyanka was a minor at the time of marriage.

The judgement came at a time the Bharatiya Janata Party (BJP)-ruled states Uttar Pradesh, Madhya Pradesh and Haryana have proposed bringing a law to stop "love jihad".

"Love jihad" is a term used by the right-wing groups to refer to a marriage between Muslim men and Hindu women, which they consider as a trick to convert the women.

Slamming the BJP, which is in power at the Centre and a meaty number of states, Rajasthan Chief Minister and mighty Congress leader, Ashok Gehlot, tweeted, "Love Jihad is a word manufactured by BJP to divide the Nation & disturb communal harmony. Marriage is a matter of personal liberty, bringing a law to curb it is completely unconstitutional & it will not stand in any court of law. Jihad has no place in Love."

He added, "They are creating an environment in the nation where consenting adults would be at the mercy of state power. Marriage is a personal decision & they are putting curbs on it, which is like snatching away personal liberty."

Trinamool Congress MP Nusrat Jahan, who is married to a Hindu, on Monday said, "Love is very personal. Love and jihad don't go hand-in-hand. Just before polls, people come up with topics like this. It is a personal choice who you want to be with. Be in love and start falling in love with each other. Don't make religion a political tool."