🏛️ Supreme Court Grants Bail in Interfaith Marriage Case: Decries State’s Objection Under Anti-Conversion Law

Case Title: Aman Siddiqui v. State of Uttarakhand

Bench: Justice B.V. Nagarathna and Justice Satish Chandra Sharma
Legal Issues: Bail under anti-conversion law (UFRA, 2018); applicability of BNS Sections 318(4) & 319

🔍 Background:

The Supreme Court recently intervened to grant regular bail to Aman Siddiqui, a man arrested under the Uttarakhand Freedom of Religion Act, 2018 (UFRA) and provisions of the Bharatiya Nyaya Sanhita, 2023 (BNS), after he solemnised an interfaith marriage with a consenting woman whose family had no objection to the union.

The appellant had earlier approached the Uttarakhand High Court for bail after spending six months in custody, but the High Court denied his application. Aggrieved, the appellant approached the Supreme Court under Article 136 of the Constitution.

⚖️ Legal Provisions Invoked:

1. Uttarakhand Freedom of Religion Act, 2018 (UFRA):

o Section 3: Prohibits conversion by misrepresentation, force, undue influence, coercion, allurement, or by any fraudulent means.

o Section 5: Prescribes punishment for violations under Section 3 — imprisonment ranging from 1 to 5 years.

2. Bharatiya Nyaya Sanhita, 2023 (BNS):

o Section 318(4): Cheating — imprisonment up to 7 years and fine.

o Section 319: Cheating by personation — imprisonment up to 5 years, or fine, or both.

The FIR against the appellant was filed soon after his marriage, following pressure and complaints from third parties and certain organisations. Allegations were made that the appellant had induced religious conversion as part of the marriage process.

🧑‍⚖️ Supreme Court’s Observations and Ruling:

· The Court carefully examined the nature of the relationship and the circumstances surrounding the marriage.

· It was undisputed that the marriage was consensual and conducted with the approval of both families.

· The bench was critical of the State’s objection to the bail application, holding it unsustainable in view of the facts.

“We observe that the respondent–State cannot have any objection to the appellant and his wife residing together inasmuch as they have been married as per the wishes of their respective parents and families.”

· The Court decried the influence of external actors, noting that "post-marriage pressures by third parties" cannot justify incarceration where no coercion or inducement was evident.

“This is an appropriate case where the relief of bail ought to be granted.”, the Court concluded.

Accordingly, the impugned order of the High Court was set aside, and the appellant was granted regular bail.

🧾 Legal Significance:

This ruling sets a crucial precedent in balancing:

· State interest in regulating forced conversions

· With the individual's right to autonomy, privacy, and personal liberty, especially in the context of interfaith marriages

The Court subtly reaffirmed that criminal law cannot be weaponised against personal relationships which are consensual and legally valid.

📌 Conclusion:

The Supreme Court’s decision is a powerful affirmation of the principle that consensual interfaith marriages, especially with parental acceptance, cannot be subjected to prosecution under anti-conversion laws merely because of societal discomfort or third-party objections. It reinforces the fundamental rights guaranteed under the Constitution, particularly Article 21 (Right to Life and Personal Liberty) and Article 25 (Freedom of Religion).

This case may serve as a guardrail against misuse of anti-conversion laws in India, and adds to the growing jurisprudence protecting interfaith and inter-caste marriages.

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