HC orders DCP-level probe into 'fake' Arya Samaj societies in UP
PRAYAGRAJ, July 29 -- In a significant judgment, the Allahabad High Court has directed the secretary home, Uttar Pradesh, to launch an investigation into how 'fake' Arya Samaj societies have proliferated across the state. The court noted that these societies solemnise illegal marriages between individuals of different religions, often without verifying the age of the bride and groom, and with malafide intent.
Justice Prasant Kumar dismissed a petition filed by Sonu alias Shahnur, who had sought to quash a summons dated September 12, 2024, along with the entire proceedings of a criminal case pending against him. The case, registered at Nichlaul police station in Maharajganj district, involves charges of kidnapping a woman to compel her into marriage, rape, and offences under various sections of the POCSO Act. The matter is currently pending before the Special Judge (POCSO Act), Maharajganj. Justice Kumar directed that the investigation be conducted by an officer not below the rank of deputy commissioner of police.
Before issuing the directions, the court noted that the applicant and the victim belong to different religions. "The application states that the marriage was solemnised at an Arya Samaj Mandir in Prayagraj. However, such a marriage could not have been legally performed without proper conversion in accordance with existing law," the court observed.
The defence counsel argued that since the girl was a minor at the time of her marriage, the marriage was void. He further stated that the girl was placed in Nari Niketan, and upon attaining majority, she willingly began living with the applicant.
On other hand, the government counsel argued that the girl was a minor as per her high school certificate and therefore, she could not have legally married the applicant. He submitted that since the applicant and the victim belong to different religions, their marriage cannot be considered as valid unless proper conversion procedures are followed in accordance with the provisions of the UP Prohibition of Unlawful Conversion of Religion Act, 2021.
He also said the marriage certificate the couple produced, as issued by an Arya Samaj Mandir, seemed to be fabricated, and cited a previous order to claim that the problem was rife in UP.
In its order dated July 24, the court observed, "Registration of all marriages solemnized in the State of Uttar Pradesh is mandatory under the U.P. Marriage Registration Rules, 2017. In this case, the marriage was not registered. Furthermore, records indicate that the victim was a minor at the time of the alleged incident, and therefore, any marriage purportedly solemnized by her cannot be considered valid."...
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