LI Network
Published on: January 20, 2024 at 14:52 IST
The Delhi High Court, emphasized that individuals undergoing religious conversion for marriage must be adequately informed of the legal consequences associated with such conversions.
Justice Swarana Kanta Sharma issued a set of directions to be followed in cases of religious conversion for marriage, highlighting the importance of ensuring informed consent and comprehensive understanding.
The Court stressed the necessity of furnishing detailed information about the religious doctrines, customs, and practices of the chosen faith. This includes explaining the tenets, rituals, and societal expectations linked to religious conversion.
The objective is to ensure that consent to conversion is informed, given after a thorough understanding of the potential consequences.
Justice Sharma directed authorities to obtain affidavits regarding the age, marital history, and status of both parties during inter-faith marriages post-conversion, excluding cases under the Special Marriage Act, 1954.
Additionally, an affidavit must confirm that the conversion is voluntary and undertaken with a complete understanding of implications related to marital issues, divorce, succession, custody, and religious rights.
The Court mandated attaching a certificate to the conversion certificate, affirming that the convert has been informed of the religious tenets, rituals, and associated consequences.
Furthermore, the certificate of conversion and marriage should be available in vernacular languages understood by the prospective convert, with Hindi included where applicable.
However, the Court clarified that these guidelines do not apply to individuals reverting to their original religion, as they are already familiar with its tenets.
Justice Sharma made these observations while dismissing a plea seeking the quashing of a rape case. The petitioner argued that the marriage was solemnized after the woman converted to Islam. The court ruled that the marriage was prima facie not valid, highlighting discrepancies in the conversion process and stating that the quashing of the FIR was unwarranted.
The Court also issued guidelines for Magistrates recording statements of sexual assault victims under Section 164 of the CrPC. It emphasized that inquiries should be age and education-appropriate, avoiding stereotyped forms, and promoting meaningful interaction with victims.
The case, titled MAKSOOD AHMAD v. STATE OF NCT OF DELHI & ANR.