Allahabad HC Asks UP Govt: How Fake Arya Samaj Mandirs Flourish, Conduct Illegal Marriages of Minors?

Prayagraj- The Allahabad High Court has slammed the unchecked proliferation of fake Arya Samaj mandirs in Uttar Pradesh that allegedly conduct illegal interfaith marriages, often involving minors, while violating state laws on religious conversion and marriage registration.

In a strongly-worded order, the court demanded an immediate probe into how these institutions operate with impunity, issuing marriage certificates without verifying ages or ensuring legal conversions under the UP Prohibition of Unlawful Conversion of Religion Act, 2021.

The observations came while Justice Prashant Kumar dismissed an application by one Sonu @ Sahnur, who sought to quash criminal proceedings against him in a POCSO case (State vs. Sonu @ Shahnur). The accused had claimed he married the victim, then a minor, through an Arya Samaj mandir in Prayagraj in 2020. However, the court noted, "It is apparent that the applicant and the victim belong to different religions. The marriage could not have been solemnized without proper conversion as per existing law."

Minor at the time of marriage and no conversion

The case stems from FIR No. 64 of 2020 registered at Nichlaul Police Station, Maharajganj, under Sections 363 (kidnapping), 366 (kidnapping for marriage), and 376 (rape) of the IPC, along with provisions of the POCSO Act.

Sonu’s counsel, Parmeshwar Yadav, argued that the accused had married the victim on February 14, 2020, and that she later began living with him after turning major. He cited the Supreme Court’s ruling in Pramod Suryabhan Pawar v. State of Maharashtra (2019) to claim the case should be quashed. However, the state, represented by A.G.A. N.K. Upadhyay, countered that the girl was a minor at the time, as per her school records, and that the marriage, solemnized in an Arya Samaj Mandir in Prayagraj, was invalid due to differing religions and lack of conversion under the UP Prohibition of Unlawful Conversion of Religion Act, 2021. The state also alleged the marriage certificate was fabricated.

Justice Kumar noted that the victim was a minor when the alleged crime occurred, rendering any marriage legally void. The court also highlighted a related writ petition (No. 22491 of 2024), which exposed illegal mass marriages conducted by self-proclaimed Arya Samaj groups without verifying ages or following legal procedures. Shockingly, these mandirs had solemnized numerous such marriages without registration, violating the UP Marriage Registration Rules, 2017.

The court also questioned the authenticity of the Arya Samaj marriage certificate produced by the accused, observing, "The document seems fabricated." It further noted the state’s submission that "the girl was a minor per her school records, and no interfaith marriage could be valid without conversion as per the 2021 Act."

Directing urgent action, the court ordered, " the Secretary, Home, Govt. of U.P. is directed to get the matter investigated by an officer, not below the rank of Deputy Commissioner of Police, as to how such kind of fake Arya Samaj Societies have flourished throughout the State, who are getting such marriages done, in some cases even of the minor girls and thereafter, issuing certificates, and that too, by violating the provisions of the U.P. Prohibition of Unlawful Conversion of Religion Act, 2021. He shall submit a compliance report in this regard by way of personal affidavit by the next date" with a compliance report due by August 29. The Registrar (Compliance) was directed to circulate the order immediately for enforcement.