Recently, the Allahabad High Court directed the Secretary, Home Department, Government of Uttar Pradesh, to initiate an inquiry into the operations of certain Arya Samaj organizations alleged to be conducting unlawful marriages, including those involving minor girls, without verifying age or ensuring compliance with the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021. The Court mandated that the investigation be carried out by an officer not below the rank of Deputy Commissioner of Police.
The direction came while dismissing a petition filed under Section 482 CrPC seeking to quash criminal proceedings and a summoning order issued in a case registered under Sections 363, 366, 376 IPC and Sections 3/4 of the POCSO Act. The applicant, who was accused of abducting and sexually assaulting a minor girl, contended that he had married the girl in February 2020 at an Arya Samaj temple and that she began residing with him after attaining the age of majority.
Rejecting the applicant’s contention, the single-judge bench of Justice Prashant Kumar held that the alleged marriage lacked legal validity, as the girl was a minor at the relevant time and there was neither lawful conversion nor compliance with the UP Marriage Registration Rules, 2017. The Court emphasized that no marriage, particularly one involving individuals from different faiths, could be recognized in the absence of valid conversion and proper registration.
The Court also took cognizance of a previous order passed by a coordinate bench in Shanidev and Another v. State of U.P. and Others, where concerns had been raised over unauthorized Arya Samaj temples performing marriages with malafide intent, often disregarding essential legal safeguards such as age verification.
Observing the widespread misuse of the Arya Samaj name for facilitating such unions, the Court expressed serious concern and called for a comprehensive investigation into the functioning of such entities across Uttar Pradesh. The Secretary, Home Department, has been directed to file a compliance report in the form of a personal affidavit by August 29, 2025.
Finding no merit in the plea, the Court dismissed the application.
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