MLA Rais Shaikh moves HC challenging GR for setting up panel on interfaith marriages

MUMBAI: Samajwadi Party MLA Rais Shaikh has filed a petition in the Bombay high court challenging the government resolution (GR) for setting up the Interfaith Marriage-Family Coordination Committee to monitor interfaith marriages.

The petition has claimed that the December 13, 2022, GR is violative of various constitutional provisions and invades the privacy of couples as their information can be sought by the committee from the Registrar of Marriages on the complaint or representation from anyone. The petition has claimed that as the GR is in line with the laws that prohibit interfaith marriages that have been stayed in many states, the GR should be quashed and set aside.

The petition filed through advocates Jeet Gandhi and Aditi Rungta claimed that the GR was issued hastily by the state government following the gruesome death of Shraddha Walkar, who was allegedly killed by her live-in partner Aaftab Poonawala. The petition stated that the GR was issued without following due procedure and was intended to demonise interfaith marriages by establishing a committee which will ‘counsel, communicate and resolve’ issues between interfaith couples and their families. Shaikh claimed that the GR was an attempt by the government “to discourage and/or forbid interfaith marriages and essentially a precursor to laws related to purported ‘love-jihad’ marriages which have been stayed in numerous states of India.” Referring to the rights of citizens being violated by the GR, the petition stated, “The committee which the GR purports to establish is violative of Articles 14 (right to equality), 15 (forbidding discrimination), 21 (right to life which includes the right to privacy) and 25 (freedom of religion) of the Constitution of India amongst others.”

The petition further pointed out that the GR permits the committee to infringe on the privacy of the couple which in turn will boost the campaign by parents, vigilante groups and society to control the lives of young people who have decided to choose their own partners.

Shaikh alleged that the GR discriminated against a particular religion and encouraged division amongst people rather than promoting harmony, co-existence, assimilation and peace.

The petition added that distressed women have recourse to various statutes under existing laws like the Protection of Women from Domestic Violence Act, 2005 and Indian Penal Code, and hence permitting the committee to act against any person in terms of the GR was ultra vires and hence deserved to be quashed and set aside.

HT Rais Shaikh