New Delhi, Jan 19 The Delhi High Court on Friday observed that individuals undergoing religious conversion for marriage must be fully informed of the legal consequences and issued directives for handling such cases.
The observations came during the hearing of a rape case where the victim converted to Islam after the accused was granted interim bail based on their marriage settlement.
Justice Swarana Kanta Sharma stressed the importance of ensuring informed consent, including a detailed understanding of religious doctrines and societal expectations.
The court mandated affidavits regarding age, marital history, and evidence from both parties during inter-faith marriages after conversion, excluding cases under the Special Marriage Act.
Affidavits confirming voluntary conversion understanding the implications must also be obtained.
Certificates of conversion and marriage should be in vernacular languages, with additional language requirements based on the convert's preference. However, the guidelines don't apply to reversion to the original religion.
The court noted the need for informed conversions to avoid conflicts with the convert's original religion.
It dismissed the plea, noting discrepancies and issued guidelines for magistrates while recording statements of sexual assault victims under Section 164 of Cr.P.C., stressing personalised and vernacular inquiries. The court also stressed the importance of addressing failings in the criminal justice system while maintaining intolerance for sexual violence.
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