The Rights of the Deceased: Moral Rights Incidental to Copyright Law
- Vanshika Agrawal
- 2024-04-25
Marry-The liberty inrelation to personal relationships cannot be encroach. Upon by anyone irrespective of caste and religion, said a division bench of Karnataka HC
The constitution of India stands on the principles of secularism. One’s religion is recognize as one’s identity, thus, it makes religion one of the most important basic human right. Recognized in our constitution and even in Article 18 of Universal Declaration of Human Rights. Which guarantees everyone right to freedom of thought, conscience and religion and also the right to change one’s religion.
The total population of the country includes 79.8% of Hindu, 14.23 % of Muslim, 2.3% of Christians. The right to religion was to be protect by the constitution. Because earlier the princely states had various anti-conversion laws. So that they were not force by the British to convert into Christianity.
Orissa and Madhya Pradesh were the first states to enact anti-conversion laws which prevented conversion carried out by forcible or fraudulent or allurement unlike the Unlawful conversion of Religion ordinance bill, 2020 and the Uttarakhand Freedom of Religion Act, 2018 which under section which aims at curbing love jihad (inter-faith marriages).
UP ordinance under section 3 provides that no person shall convert neither directly nor indirectly by misrepresentation, force, fraud, undue influence, coercion, allurement or marriage but if the person reconverts to his immediate previous religion then that shall not be deemed conversion as per the Act.
Also, as per Section 6, marriage done for the sole purpose of conversion by the man of one religion with the woman of other religion by converting himself or the woman before or after the marriage then in that situation the marriage be declared void. Moreover, the person has to send a declaration within 60 days before the conversion in advance which states that the decision is free from any pressure or element and it is of the individual’s free choice.
Another declaration needs to be submitted within 60 days once the conversion conversion happens and only then will the person be able to attain a confirmation certificate. The district magistrate office is required to display a copy of the declaration on the noticeboard of the office till the date of conversion confirmed. The religious priest doing the conversion is also required to give such prior notification.
This compulsory declaration of one’s beliefs or conversion tantamount to violating the fundamental rights under article 25 which states that a person has the right to follow one’s belief or religion and to keep it a secret from public. In the case of Justice K.S. Puttaswamy and Ors. vs. Union of India (UOI) and Ors. while upholding the right to privacy as a fundamental right, the Court observed that ,”Privacy includes at its core the preservation of personal intimacies, the sanctity of family life, marriage, procreation, the home and sexual orientation. Privacy also connotes a right to be left alone.
Privacy safeguards individual autonomy and recognizes the ability of the individual to control vital aspects of his or her life. Personal choices governing a way of life are intrinsic to privacy. Privacy protects heterogeneity and recognizes the plurality and diversity of our culture.” Thus, declaration of religion as per the ordinance interferes with one’s personal autonomy.
The constitution protects the right of individuals to marry a person of their own choice and in most of the situation a person embraces the religion of their partner after their interfaith marriage. In our country, interfaith marriages are loath by the people and for the couples conversion was an easy way for marrying as marrying under the special marriage Act as there a lot of conditions that need to be fulfill such as publication of notice of the intended marry or marriage which affects their privacy and further harassment by the family members.
Even if the person converts out of his/her free will their family members object such conversions and with this law they have the legal backing where they can lodge FIR to harass the convert as the burden of proof that the conversion was due to his/her own will lies on the said convert and force them to reconvert to their previous religion.
As per a news report published by various news channels till December 29, 2020 within one month of the Impugn Ordinance, 14 cases were register out of which only 2 were based on complaints by the victims and rest of the cases arose out of the complaints by family members.
According to the report, 13 of these 14 cases are related to Hindu girls where 51 arrests have been made. It can that this law has marginalise the Muslims in its practical implications.
The fact cannot be denied that marriage as a tool for conversion is immoral. Unethical and must be prevent but should not be criminalised. Just on the basis that it is unacceptable in the eyes of the public.
This was also one of the reasons for decriminalising homosexuality. It was state by supreme court in Joseph Shine v. Union of India that. “The State must follow the minimalist approach in the criminalization of offences. Keeping in view the respect for the autonomy of the individual to make his/her personal choices.
” It not only affects the Muslims but also women who are regard as objects. Not treated on the same footing as only a man can convert a woman. Moreover, out of the 13 cases the Hindu girls are being harass for conversion. The Allahabad high court while hearing the petitions for the ordinance. Has held that the a person freedom of a person’s choice cannot be disregard. And thus the law was not a good law.
Religious thoughts can conduct shape a person’s life but a law that affects the right to marry should be unconstitutional. The said law and their practical implementation was discriminatory to the woman and Muslim men. It should not ignored that a marry law. Should there to regulate the marriages that are for the sole purpose of conversion. But it must not be criminalize with such harsh laws and must be reasonable.
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