An interfaith couple are two grown-up individuals, who out of their free will, decide to live together, and the Uttar Pradesh anti-conversion law, cannot bar them nor prohibit interfaith marriages, the Allahabad High Court said on Monday in a big remark.
Justice Vivek Kumar Singh made the statement while hearing multiple petitions on interfaith live-in relationships. He said that choosing to live with a person, regardless of their religion, is a constitutional right.
The right to live with a person of his/her choice, irrespective of the religion professed by them, is intrinsic to the right to life and personal liberty. Interference in a personal relationship, would constitute a serious encroachment into the right to freedom of choice of the two individuals,” the order said.
Justice Singh said that in the case of an interfaith couple living together, the courts do not see them as Hindu and Muslim, but as two grown-ups, acting as per their free will and choice.
“This court fails to understand that if the law permits two persons even of the same sex to live together peacefully, then neither any individual nor a family nor even the state can have an objection to the heterosexual relationship of two major individuals who out of their own free will, are living together,” he added.
He allowed a writ petition by 12 petitioners and granted relief to the interfaith couples that they are at liberty to approach the police for redressal of their grievances. After receiving such complaints, the police are to examine the matter and age of the petitioners. Upon finding any substance in the allegations, the police will act in compliance with the law for the protection of life, limb and liberty of the petitioners, the court ordered.
“Therefore, considering Article 14 (right to equality), 15 (prohibition of discrimination on grounds of religion, race, caste, sex or place of birth) and 21 (right to life and personal liberty) of the Constitution of India and Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021, it cannot be said that live-in relationship of interfaith couple is an offence,” it ruled.
Justice Singh emphasised that for an offence under the provisions of the anti-conversion law, conversion from one religion to another is necessary and that it must happen due to force, undue influence, coercion or allurement, misrepresentation or by fraudulent means or by marriage or relationship in the nature of marriage.
“Even the interfaith marriage, per se, is not prohibited under the Act, 2021. Provision has also been made under the Act, 2021, and according to which, if a person wishes to change/convert his or her religion, he/she is expected to follow the procedure prescribed under section eight and nine of the Act, 2021. But one cannot be forced to convert his or her religion for the purposes of marriage or for living together in a live-in relationship,” the court said.
The case pertained to interfaith live-in couples, who had approached the court for police protection, claiming they were facing threats from third parties, including their family members.
The court, however, firmly said that the mere act of living together, cannot deprive interfaith couples of fundamental rights per the Constitution of India. “No discrimination can be made on the basis of caste, creed, sex or religion,” it added.
The Allahabad High Court stated that law is equal for all according to Article 14 and 15 of the Constitution, if two individuals from the same religion can reside together in a live-in relationship, then people of varied religions may also do so.
– Ends
(With inputs from PTI)
Published On:
Feb 24, 2026
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