Affidavit of consent, age: Delhi High Court's rules for religious conversion for marriage

The Delhi High Court has issued guidelines for people who seek to convert their religion for the purpose of marriage.

Listen to Story

Delhi High Court issued directives and pre-requisites for individuals to wish to convert their religion for a wedlock. (Representative Image)

The Delhi High Court has issued guidelines for persons seeking religious conversions for the purpose of inter-faith marriages. The directives also include prerequisites and compliance in the case of religious conversion in inter-faith marriages. The guidelines have prescribed certain documentation as proof of consent by a person for religious conversion. It has mandated an affidavit by the concerned individual, stating that she/he is aware of the consequences and implications of their decision to convert their faith to tie the knot.

The court held there should be informed consent of the person who is willing to embrace another religion and should be fully cognisant of the multifaceted implications embedded in such a significant life choice.

The court's guidelines are binding on parties seeking religious conversion for the same purpose. It said that by providing a detailed understanding of religion and its associated ramifications, the individual must be made aware of the potential shifts in his or her legal standing post-conversion. "Conversion to another religion which is uninformed may not prepare a convert with the consequences that they will now not be able to follow their form of religion in case the religion they are converting to, does not permit so.

"This becomes more critical in case their reverting back to their religion may ensue legal, matrimonial, succession and custody-related consequences. This court is only concerned with such situations. These situations may arise by conversion to any religion whatsoever," news agency PTI quoted Justice Swarana Kanta Sharma as saying.

The High Court's judgement came while refusing to quash the first information report (FIR) lodged against a man for the offence of rape and criminal intimidation on the ground that he and the alleged victim had compromised and married each other. In the case, the court underlined the "story of love, lies, law, and litigation" as it transpired that the man and the woman, who were already married to different partners, had married each other. While the man, a Muslim, as per his personal laws, could marry for a second time, he could not have married this woman, who was a Hindu, as her husband was alive, and she was not divorced.

REQUIREMENTS AS PER GUIDELINES

As per the Delhi High Court's guidelines, the concerned individual is now required to submit a certificate of conversion in the vernacular language of the person, who is converting. This is aimed at ensuring that it has been correctly understood by the said person. Further, in a bid to ensure that the person, who is seeking to convert their religion, is well-informed on their decision, the High Court has mandated affidavits that must be obtained at the time of inter-faith marriage after conversion by the concerned persons/authorities, except in cases of marriages performed under the Special Marriage Act, 1954. The guidelines, however, have prescribed that the prerequisites will not apply to the person converting back to his/her original religion, since the convert is already well-versed in his/her original religion. The High Court has also cautioned that it is not laying down any law or prescribing any mode of conversion. But the judiciary has to step in when the law enacted by Parliament suffers from any lacunae, grey areas or gaps which have the potential of being manipulated by those who do not care about the law.

COURT'S DIRECTIVES/DETAILS OF GUIDELINES

• Affidavit regarding the age, marital history and marital status and evidence thereof of both the parties.
• Affidavit that the conversion is being undergone voluntarily after understanding the implications and consequences related to marital divorce, succession, custody and religious rights, etc.
• A certificate must be appended to the conversion certificate where 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 certificate of conversion and marriage should be in an additional vernacular language understood by the prospective convert as proof of the fact that he or she has understood the same. The same should be in Hindi also, where the language spoken and understood by the prospective convert is Hindi, in addition to any other language preferred. Where the language spoken and understood by the prospective convert is other than Hindi, the said language can be used.