‘If two adults live together or marry, there should be no moral policing’: HC

According to the Madhya Pradesh High Court, ‘moral policing’ is not allowed if two adults are willing to stay together through marriage or living together as a couple. Justice Nandita Dubey made the observation on January 28 in her ruling on a habeas corpus petition filed by Jabalpur resident Guljar Khan, who had married Arti Sahu (19) in Maharashtra and she had willingly converted to Islam.

Khan alleged in his plea that Sahu was illegally detained and forcibly taken away by her parents to Varanasi. On January 28, Shahu appeared in court via videoconference from the Advocate General’s office. As noted by the HC, the state raised an objection based on the Madhya Pradesh Freedom of Religion Act, 2021. The government’s counsel vehemently argued (in court) that any marriage performed in contravention of Section 3 of the Madhya Pradesh Freedom of Religion Act of 2021 shall be declared null and void, where no person shall convert for the purpose of marriage. The court also noted that any conversion performed in contravention of the law is null and void.

The HC in its order said, ‘No moral policing can be allowed in such matters where the two major persons are willing to stay together whether by way of marriage or in a live-in relationship, when the party to that arrangement is doing it willingly and not forced into it’. According to the high court, the woman clearly stated that she had married the petitioner and wanted to remain with him. The court noted that she is a major figure and no one disputes her age.

‘The Constitution gives a right to every major citizen of this country to live her or his life as per her or his own wishes,’ the HC observed. In light of the circumstances, the objection raised by the state’s counsel is rejected, along with her request to send the corpus (Sahu) to Nari Niketan. In addition, it instructed the counsel of the state and police authority to hand over the woman to her husband and to ensure that both of them reach their homes safely. In addition, the court ordered the police to ensure that her parents will not threaten her and her husband in the future.