Marriage registrar cannot withhold registration insisting on conversion approval by authorities, says Allahabad HC

The anti-conversion law in Uttar Pradesh per se did not prohibit interfaith marriage but the requirement of approval by the district authorities could make it tedious for such couples, it said.

The Allahabad High Court on November 18 said that the marriage registrar lacked the power to withhold the registration of marriage merely for the reason that the parties had not obtained the necessary approval of conversion from the district authority.

The court noted that the new anti-conversion law in Uttar Pradesh, which was brought by the Yogi Adityanath-led government last year, per se, did not prohibit interfaith marriage but the requirement of approval by the district authorities could make it tedious for such couples.

“Such an approval is directory and not mandatory. If interpreted otherwise, the Act [The Uttar Pradesh Prevention of Unlawful Conversion of Religion Act, 2021] would not satisfy the test of reasonableness and fairness, and would fail to pass the muster of Article 14 and Article 21,” the court said.