Courts are not always seen as instruments serving a social purpose. Judges go by the rule book, and there are dissenting notes on judgments too. But, an Allahabad High Court order in relation to an inter-religious marriage in Uttar Pradesh has come as a whiff of fresh air in an atmosphere polluted by sectarian upheavals.
Specifically, the court noted that it was not up to the judiciary to interfere in matters of personal relationships. “Interference in personal relationships would constitute a serious encroachment into the right to freedom of choice of two individuals,” the court has been quoted as saying in a judgment on Tuesday. The court, in effect, cancelled an FIR filed by the police against a Muslim man for marrying a Hindu girl. This, after the girl’s parents had filed a complaint. The two-member bench made it clear that it did not see Priyanka and Salmat as Hindu and Muslim but as two mature individuals who, of their free will and choice, were living happily as husband and wife for over a year.
What apparently irritated the girl’s family was also the fact that she had converted to Islam and changed her name to Alia. Fact is we live in a society that, except for the external cosmetics, is deeply divided on the basis of race, religion, caste and colour. National integration will be better served if such barriers fall over time in ways that public life becomes smoother. At the same time, fears on the part of the majority community about attempts by Islamists for Love Jihad needs be dispelled. The Muslim community in this country conducts themselves in very responsible ways unlike the scene in west Asia etc. The Muslims here are guarding against fundamentalist streaks vitiating social life too. Love Jihad might be only in the mind of some people by way of a fear, or there may be more to it. Such tendencies must be eschewed while at the same time individual freedom must be guarded zealously, be it in the matter of one’s choice for marriage or adoption of one or other religious faith of their own volition. Campaign for conversions must be avoided.
The Allahabad high court upheld the Indian Constitution both in letter and spirit. A social cause for national integration is well-served. The only way to exist in India, as former PM Narasimha Rao once famously stated, is to co-exist. India is a mosaic of different religions, races, castes, and communities. Together, they must progress hand-in-hand.
