On Friday, the Delhi High Court stated that a person who is undergoing a religious conversion for marriage purposes should receive comprehensive information regarding the legal implications involved like Inheritance and maintenance. Additionally, the court issued a set of guidelines to be adhered to in cases of religious conversion.
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NEW DELHI: The Delhi High Court, emphasized the importance of informed consent in cases of religious conversion for marriage. Justice Swarana Kanta Sharma underscored the need for individuals to be fully aware of the legal implications and consequences of their decision to convert. The court issued comprehensive guidelines to ensure that individuals are provided with a thorough understanding of the religious doctrines, customs, and practices associated with their new faith.
The court’s directives include obtaining affidavits from individuals regarding their age, marital history, and status at the time of inter-faith marriage post-conversion. These affidavits are to confirm that the conversion is voluntary and that the individual understands the implications related to marital divorce, succession, custody, and religious rights. Additionally, a certificate should accompany the conversion certificate, verifying that the convert has been informed about the tenets and expectations inherent in their new religion, as well as the legal consequences of their conversion.
“To achieve this, it becomes paramount to furnish and inform the individual with exhaustive information concerning the religious doctrines, customs, and practices associated with the chosen faith, which includes an explanation of the tenets, rituals, and societal expectations inherent in religious conversion, to ensure that consent to such conversion is an informed consent, given after fully understanding the consequences of such action.”
– The court said
In cases where the language spoken and understood by the prospective convert is Hindi, the court mandated that the certificate of conversion and marriage should also be in Hindi, in addition to any other preferred language. This requirement is to ensure that the individual fully comprehends the information provided.
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“A certificate must be appended to the conversion certificate that the convert has been explained the tenets, rituals and expectations inherent in religious conversion as well as implications and consequences related to marital divorce, succession, custody and religious rights etc.”
– The court also said
The court clarified that these guidelines would not apply to individuals reverting to their original religion, as they are presumed to be familiar with its tenets and practices. The ruling came during the refusal to quash a rape case against a man, where the woman involved converted to Islam for marrying him. Despite the accused being granted interim bail based on a settlement, the court observed that the marriage was not valid, and the basis for quashing the FIR was meritless.
“The marriage between petitioner and the respondent no. 2 is prima facie not valid, however, she has been assured by the accused of its validity by virtue of a Nikahnama. She and probably the accused presumed that they are legally married due to the conversion of the prosecutrix, however, they are not. Therefore, the very basis of their contention that FIR be quashed since they are married now, is meritless.”
– The court observed
Justice Sharma also addressed the issue of uninformed conversions, noting that they might not prepare individuals for the consequences of not being able to follow their original religion if their new faith does not permit it. The court highlighted the complexities of love, lies, law, and litigation in this case.
“Without doubt, it is not the continuity of the proceedings which will be abuse of process of law in this case, but bringing to halt or quashing of the proceedings which will be equivalent to permitting abuse of process of law by both the parties herein. Thus, in view of the above facts and circumstances, this Court does not find it a fit case to quash the FIR.”
– The court said
Furthermore, the court issued guidelines for Magistrates recording statements of sexual assault victims, emphasizing the need for personalized and understanding interaction with the victims. The court stressed that statements should not be recorded mechanically and should be in the vernacular language, considering the victim’s intelligence, competence, social, and educational background.
In conclusion, the Delhi High Court’s ruling brings to light the critical need for informed consent in religious conversions for marriage, aiming to protect individuals rights and ensure they are fully aware of the legal and social implications of their decisions. The court’s guidelines serve as a significant step towards addressing the complexities and challenges in such cases, ensuring justice and fairness in the legal process.
CASE TITLE:
MAKSOOD AHMAD v. STATE OF NCT OF DELHI & ANR.
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