Case Law On Interfaith Marriages
1. Shafin Jahan v. Asokan K.M. (2018) 16 SCC 368
(Right to Marry a Person of Choice and Freedom of Religion)
Facts:
A Muslim woman, Shafin Jahan, converted to Hinduism to marry a Hindu man. Her family challenged the marriage alleging coercion and forced conversion.
Held:
The Supreme Court upheld the right of an adult woman to choose her partner and religion, reaffirming the fundamental right to freedom of religion (Article 25) and the right to marry freely.
Significance:
Strongly protects individual autonomy in marriage and religion.
Clarifies that conversion for marriage must be free and voluntary.
Recognizes interfaith marriage as a matter of personal choice.
2. Lata Singh v. State of UP (2006) 5 SCC 475
(Protection of Interfaith Couples from Harassment)
Facts:
A Hindu girl married a Muslim boy against her family’s wishes. She was harassed, and the police were reluctant to protect her.
Held:
The Supreme Court held that police must provide protection to interfaith couples facing threats and harassment. The couple’s right to marry is constitutionally protected.
Significance:
Emphasizes state responsibility to protect interfaith couples.
Condemns “honour killings” and social pressure to prevent interfaith marriages.
3. Sarla Mudgal v. Union of India (1995) 3 SCC 635
(Conversion and Bigamy in Interfaith Marriages)
Facts:
The case involved Hindu men converting to Islam to solemnize second marriages without divorcing their Hindu wives.
Held:
The Court held that conversion to Islam solely for marriage purposes without dissolving earlier Hindu marriage is invalid under the Hindu Marriage Act. It discouraged misuse of religious conversion for bigamy.
Significance:
Protects women from fraudulent conversions and bigamous marriages.
Clarifies legal position of conversion and its effect on marriage laws.
4. Danial Latifi v. Union of India (2001) 7 SCC 740
(Validity of Muslim Women’s Marriage under Sharia and Constitutional Principles)
Facts:
This case addressed maintenance rights of Muslim women but also touched on interfaith marriage and protections against exploitation.
Held:
The Court interpreted Muslim personal law in harmony with constitutional rights ensuring women’s rights in interfaith marriages and conversions are protected.
Significance:
Stresses that religious laws must conform to constitutional guarantees.
Protects against exploitation in religious conversions linked to marriage.
5. S. Khushboo v. Kanniammal (2010) 5 SCC 600
(Social Morality and Individual Freedom in Marriage)
Facts:
Though not directly about interfaith marriage, this case laid down principles protecting individual choice in matters of marriage and relationships against social morality constraints.
Held:
The Court upheld freedom of choice and condemned societal interference or moral policing in marriages, including interfaith unions.
Significance:
Supports the autonomy of individuals in choosing partners irrespective of religion.
Limits societal or family interference in interfaith marriages.
6. Hadiya Case: Shafin Jahan v. Union of India (2017)
(Conversion, Consent, and Interfaith Marriage)
Facts:
A Muslim woman, Hadiya, converted to Hinduism and married a Hindu man. Her family claimed coercion and sought annulment.
Held:
The Supreme Court restored the marriage and upheld the woman’s right to choose religion and marriage partner, confirming that conversion for marriage must be voluntary.
Significance:
Reinforces protection of interfaith marriages and religious freedom.
Protects adult women’s consent and autonomy in conversion.
🔹 Summary of Legal Principles from the Cases
| Principle | Explanation | Supporting Cases |
|---|---|---|
| Right to Choose Partner and Religion | Adults have fundamental right to marry person of choice and convert if desired. | Shafin Jahan, Hadiya Case |
| Protection Against Harassment | State must protect interfaith couples from social and familial threats. | Lata Singh |
| No Fraudulent Conversion for Marriage | Conversion solely for marriage or bigamy is invalid and illegal. | Sarla Mudgal |
| Religious Laws Subject to Constitution | Personal laws must be interpreted consistent with fundamental rights. | Danial Latifi |
| Social Morality Cannot Restrict Marriage | Individuals’ autonomy in marriage cannot be curtailed by social morality. | Khushboo |
🔹 Contemporary Relevance
Anti-Conversion Laws: Many states have laws restricting religious conversions for marriage. Courts have consistently ruled that forced conversions are illegal, but voluntary conversions are protected.
Protection from “Honor” Violence: The courts emphasize strict protection and police accountability in cases of threats to interfaith couples.
Marriage Laws: Couples marrying interfaith must navigate either the Special Marriage Act (SMA) for civil marriage or conversions under personal laws.
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