Madhya Pradesh: HC grants protection to interfaith couple, but what next?

Hasnain Ansari (25), a Muslim, and Ankita Thakur (24), a Hindu, wish to marry. At present, however, these two residents of BJP-ruled Madhya Pradesh have been separated and taken to 'safe' destinations under police custody to make room for second thoughts, and make up their minds about whether they do, after all, wish to marry each other.

In May this year, under very similar circumstances, the Madhya Pradesh High Court had dismissed interfaith couple Sarika Sen and Safee Khan’s pleas seeking police protection and registration of their marriage, observing that the union of a Muslim man with a “fire-worshipper” woman was not a valid marriage as per Muslim law.

On 12 November, Thakur will be escorted to the marriage registrar at Jabalpur to record her statement. Ansari will be returned to his family if the police deem it safe before 11 November. If both of them still wish to go ahead with the marriage, they will presumably be able to do so.

An order by judge Vishal Dhagat of the high court's Jabalpur bench has instructed the police to also ensure that nobody tries to reach out to Ansari or Thakur for the next 18 days until they are produced before the marriage registrar.

What the order does not specify is whether the couple, both employed by the same private company, will be deemed to be on paid leave during this period. It is equally uncertain if the couple will even be able to retain their jobs in the face of opposition to the marriage by sundry Hindutva organisations and the BJP's controversial MLA from Telangana, T. Raja.

Raja has already appealed to Madhya Pradesh chief minister Mohan Yadav to intervene and stop the marriage. He had also appealed to the chief minister to ensure that no protection was given to the couple lest other couples were 'emboldened' to seek similar protection from the court.

With the court choosing not to issue any injunction against the MLA and other organisations, the threat to the couple from them remains. The two had approached the high court for protection after their application to register their marriage under the Special Marriage Act led to routine notices being issued to their families by the registrar.

Pressure from several quarters reportedly forced Thakur's family to file a ‘missing person’ report in Indore and engage a lawyer who told the high court that the adult, working woman had been "brainwashed" and was under the influence of Ansari and his family. The pressure was such that the lawyer engaged by the couple to represent them told the court that he was not interested in representing his clients. The court allowed him to withdraw.

Justice Dhagat, however, recorded the couple’s statement in his chamber. The couple said they had known each other for four years and had been in a live-in relationship for the past year. They voiced their fear that Thakur’s relatives could get her abducted and prevent her from reporting to her workplace. There were also threats to their lives, they said.    

Justice Dhagat stated that the question of law raised by the counsel would be dealt with separately, and a final order passed. However, "it is the duty of the Court to see that no citizen is deprived of his life and liberty without recourse to law… marriage of one person to another person is a personal decision of a person and a person is free to make decisions regarding his relationship or marriage with another person," he instructed.

The court also directed, "Superintendent of Police, Jabalpur (MP) is directed to give police protection to Ankita and Ansari. Police party will take petitioner Ankita to the place where she is living and permit her to collect her belongings and articles which are used by her for day-to-day life. After collection of said articles, she will be taken to Bal Niketan, Jabalpur where she will live there (sic) till 11 November, 2024.”

The high court said the couple will not be contacted or by their family members. In the interim, Thakur is free to think about her decision to marry Ansari. On 12 November, she will be taken to the registrar of marriages, where her statement will be recorded for conducting the wedding under the Special Marriage Act, 1954.

The court also directed that Ansari "will be taken by police to an undisclosed location for his safety. When circumstances are conducive, he will be taken to his home and left in company of family members and relatives. It is the duty of the police to see that no harm is caused to him".

The court has particularly emphasised that no person be permitted to contact or talk to the couple. "If any person forcefully wants to contact petitioners and commits offence of wrongful restraint or use criminal force then the Superintendent of Police is directed to register a case against such person and take action in accordance with law," the order stated.