Allahabad High Court Stays Arrest Of Man Booked Under UP Ordinance Against Religious Conversion For Marriage

BACKGROUND

• A man who recently promulgated Prohibition of Unlawful Conversion of Religion Ordinance, 2020 was booked by the UP Police on November 29.
• The Bench in Allahabad HC was hearing a criminal writ petition filed by Nadeem, who was booked by the UP Police, two days after the Ordinance was propagated, on a complaint filed by some Akshay Kumar.
• This was the first time that an affected party has approached the High Court against this ordinance.
• It is believed that in order to avoid payment of some dues which the Complainant owes to him, Nadeem has denied all the allegations and declared that he is only a poor labourer who had been falsely implicated in the case by the Complainant.

BENCH's POINT OF VIEW

• A Bench comprising of Justice Pankaj Naqvi and V Agarwal asked the UP Police to not take any forcible action against the accused, Nadeem, until the next date of hearing.
• It was held that Right to live with a person of his/her choice irrespective of religion professed by them, is fundamental to right to life and personal liberty. However, Nadeem's counsel has submitted that the disputed ordinance is in conflict with the Court's latest pronouncement in Salamat Ansari & Ors. v. Union of India & Ors.
• The Court said, "Victim is admittedly an adult who understands her wellbeing.She as well as the petitioner have a fundamental right to privacy and being grown up adults who are aware of the consequences of their alleged relationship. "
• The Court also observed that the issue of right to privacy has been held to depend on the exercise of independence and agency by both of them.

NADEEM's APPEAL

• Nadeem confessed in plea that by means of this ordinance some people are trying to create an atmosphere of fear and terror amongst the people having desirous to marry a person of another religion or cast, which in itself is direct infringement upon fundamental right guaranteed to a citizen of this country.
• He further pointed out that the ordinance is in straight conflict with a Main Act namely Special Marriage Act 1954, which defines degrees of prohibited relationship.
• He mentioned in his plea that within 9 days of passing of the Ordinance, the UP Police registered five cases under it. However,two of these cases were lodged within 24 hours of each other, which presents a sharp contrast that shows how police have wielded the new law selectively.
• Nadeem pointed out that firstly, he was booked only under IPC and a bare examination of the FIR would show that provisions under the Impugned Ordinance were "mischievously added" later on hand, as the same is not computer type.
• He has claimed that the Section 3 and 5 of the Impugned Ordinance aims to "create religious disharmony" and give effect to the "oblique motives" with which the impugned ordinance was passed.

DO YOU THINK THE POINTS MADE BY NADEEM IN COURT WERE TRUE?

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