‘State can’t object’: SC frees man held over interfaith marriage

New Delhi: The Supreme Court has granted bail to a man who was arrested under Uttarakhand’s anti-conversion law following his marriage to a woman of another faith. The bench, comprising Justices BV Nagarathna and Sanjay Kumar Sharma, found no grounds for the State to oppose the bail, noting that the marriage was consensual and had the support of both families.

The petitioner, Aman Siddiqui, had been in custody for six months after a First Information Report (FIR) was filed under the Uttarakhand Freedom of Religion Act, 2018, and the Bharatiya Nyaya Sanhita, 2023. The FIR followed allegations by certain individuals and groups that Siddiqui had engaged in unlawful religious conversion.

Siddiqui was charged under Sections 3 and 5 of the anti-conversion law, which relate to forced or fraudulent religious conversions and prescribe punishments ranging from one to five years in prison. Additionally, Sections 318(4) and 319 of the Bharatiya Nyaya Sanhita, concerning cheating and impersonation, were invoked against him.

The Uttarakhand High Court had previously denied him bail, prompting Siddiqui to approach the apex court.

During the hearing, the Supreme Court remarked, “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 further stated that external interventions following a lawful and consensual marriage were not sustainable in law. With this reasoning, the bench allowed the appeal and granted Siddiqui bail, setting aside the earlier High Court order.’