The Supreme Court has ruled that the state cannot interfere in the personal lives of two consenting adults solely on the basis of their religious identities.

The observation came as the apex court granted bail to a Muslim man who had been in jail for nearly six months after marrying a Hindu woman in Uttarakhand.

A bench comprising Justices B.V. Nagarathna and Satish Chandra Sharma overturned a February order by the Uttarakhand High Court that had denied the man bail, Hindustan Times reported.

“The respondent-state cannot have any objection to the appellant and his wife residing together inasmuch as they have been married as per the wishes of their respective parents and families,” the court said in its order.

Reaffirming the constitutional right of adult individuals to live together, the court emphasized that religious differences cannot be grounds for the state to curtail this liberty.

It further clarified that the ongoing criminal proceedings against the man would not hinder the couple’s right to reside together.

The man’s counsel told the court that the FIR was registered only after objections were raised by certain individuals and organisations against the interfaith marriage.

Following this, the man was arrested under sections of the Uttarakhand Freedom of Religion Act, 2018 and the Bharatiya Nyaya Sanhita, 2023, on allegations of concealing his religious identity and marrying the woman under Hindu rites.

The petitioner’s counsel also pointed out that the wedding had taken place with the knowledge and presence of both families.

An affidavit submitted by the man the day after the wedding affirmed that he would not compel his wife to convert and that she was free to continue practising her religion.