State Can't Object to Two Consenting Adults From Different Religions Living Together: Supreme Court

New Delhi: The Supreme Court has said that the state cannot object to two consenting adults living together just because they belong to different religions.

The apex court recently made this assertion while granting bail to a Muslim man who had spent nearly six months in jail for marrying a Hindu woman.

While the Uttarakhand high court had denied bail to the man in February this year, a bench of Justices B.V. Nagarathna and Satish Chandra Sharma recently passed the order, allowing the appeal of the man, reported Hindustan Times.

“The respondent-state cannot have any objection to the appellant and his wife residing together inasmuch as they have been married as per the wishes of their respective parents and families,” said the court.

The Supreme Court also reiterated that the right of adult individuals to live together cannot be curtailed by the state on the ground of religious difference.

The court said that the ongoing criminal proceedings would not come in the way of the couple living together by choice.

The senior counsel representing the petitioner told the court that the FIR was registered only after certain individuals and organisations objected to the interfaith marriage.

After the FIR was lodged, the petitioner was arrested under provisions of the Uttarakhand Freedom of Religion Act, 2018 and the Bharatiya Nyaya Sanhita, 2023, for allegedly hiding his religious identity and fraudulently marrying the woman under Hindu rites.

The petitioner’s counsel also was pointed out that the wedding took place with the full knowledge and presence of both families. The man had also furnished an affidavit the day after the marriage affirming he would not force his wife to convert and that she would be free to follow her faith.

The Wire is now on WhatsApp. Follow our channel for sharp analysis and opinions on the latest developments.