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Unlawful conversion for marriage: Allahabad HC rejects anticipatory bail plea of married man
The Allahabad HC observed that Article 15(1) of the Constitution of India allowed religious conversion but not forced conversion
The Allahabad high court has rejected the anticipatory bail plea of a married man booked under UP anti-conversion law for abduction and unlawful conversion of a 21-year-old Hindu woman for marriage.
While dismissing the petition filed by one Javed alias Jabid Ansari of Etah on July 20, Justice SK Yadav observed that Article 15(1) of the Constitution of India allowed religious conversion but not forced conversion.
As per the prosecution, on November 17, 2020, the victim went to a local market in Etah but did not return following which her father launched a search and came to know from locals that Javed with the help of his two brothers-in-law abducted her to marry her.
An FIR was registered by the father of the victim in the local police station on November 25.
It was alleged that the accused was already married but abducted the victim and forcefully converted her only for the purpose of marriage which was prohibited under section 5 (1) of UP Prohibition of Unlawful Conversion of Religion Act.
The victim in her statement before magistrate had said she was abducted on November 17, 2020 and taken to a lawyer’s chamber in Karkardooma court, New Delhi. There in the presence of some lawyers, she was made to sign some documents in Urdu. The victim had also alleged that she was given some intoxicant and was semi-conscious throughout the ordeal.
The court after hearing the concerned parties rejected the anticipatory bail application and said the victim was made to sign Nikahnama in Urdu which she could not understand.
The court also noted that the man was already married and religious conversion was done only for the purpose of marriage.
Nikahnama is a written document that Muslim man and woman entering into a civil union must put their signature on in order to legalise their marriage.
