Love Jihad Ordinance
Recently the Hon’ble Supreme Court of India has issued notice to states of Uttar Pradesh and Uttrakhand on a PIL challenging the constitutional validity of their respective laws namely The Uttar Pradesh Prohibition of Unlawful Conversion of Religion Ordinance 2020, and The Uttarakhand Freedom of Religion Act, 2018. An interlocutory application was also filed by the petitioner to seek an ex-parte injunction against the enforcement of these laws. However, the Hon’able Supreme Court of India declined any relief prayed in such interlocutory application and sought a reply from the states against the PIL. A specific sector of the media has allegedly termed these laws as an attempt by these state governments to stop inter-religious marriages and branded these governments as spoilers of love.
Those citizens of our country who solely have developed their understanding from these media articles and reports, it is obvious to question such objectives of the state. When the RIGHT to marry has been held as a component of the right to life under Article 21 of the constitution of India, then why the hell state governments especially, BJP ruled states are hell-bent on bringing legislations or ordinances to ensure that such inter-religion marriages are held as null and void in the eyes of law. Obviously, these arguments remain in their biased thinking and actions without going into the roots of the problem.
Let us first understand: what is Love Jihad before getting into these laws, and ordinances? Love jihad ka kaya meaning hai? Who coined the term “Love Jihad”?
A false narrative has been setup that the term was used by right wings activist to attack inter-religion marriages for example Hindu Muslim marriages, Christian Muslim Marriages or other combination of marriages of different religions. However, if we look at past judicial records, it is quite surprising that it was the Hon’ble High Court of Kerala which in the year 2009 took cognizance of the conversion of educational institutions as centres of forceful or compulsive religious conversions under the guise of love and raised alarm over a substantial increase of cases of “Romeo Jihad” or “Love Jihad” while deciding the anticipatory bail applications of two accused persons belonging to Muslim community.
Rather than giving a vague meaning for the term “Love Jihad” of media analysts, let us see How the Hon’ble High Court of Kerala defined the Love Jihad in the Judgment:
The Hon’ble Justice K T Sankaran stated that,:
“I have perused the case diary file. There are indications that several similar instances took place in the State of Kerala. It is stated that there is a movement or project which is called “Romeo Jihad” or “Love Jihad” conceived by a section of the Muslims. The idea appears to be to convert girls belonging to other religions to Islam. It is stated that Muslim boys are directed to pretend love to girls of other religion and get them converted to Islam. Lot of money is available for executing the project. There are men whose help is available at any time. Organisations are also there to implement the project.”
Even from Legal perspective, it is pertinent to note that in the Year 2009, the matter was merely about deciding the anticipatory bail application of two accused persons. However, the Hon’ble High Court of Kerala took cognizance of the seriousness in the matter and made Central Government a party and issued notice to the Assistant Solicitor General of India to submit views in the matter of combating the activities of compulsive conversion of religion and indicate all the necessary information regarding “Romeo Jihad” or “Love Jihad”. Moreover, the Hon’ble Kerala High Court sought reply from DGP, Kerala on the following set of questions:
- Whether there is a movement called “Romeo Jihad” or “Love Jihad” working in the State of Kerala?
- If so, what are their plans and projects?
- Which organizations are involved in such activities?
- Where does the money come from for all these activities?
- How many school and college students and youngsters were thus converted into Islam during the last three years?
- Does the alleged project involve an all India basis and magnitude?
- Has it got financial support from abroad?
- Is there any connection between the “Love Jihad” movement and counterfeiting, smuggling, drug trafficking and terrorist activities?
NO Judge and I repeat, no judge would be inclined to issue notice to the central government while disposing an anticipatory bail application when the matter is merely of love between two couples of different religion, unless when love is being used as a tool for the compulsive conversions and those who are involved in such conversions are awarded by the promoters of such unlawful conversions.
While responding to the questions, the DGP made negative submissions against each question, however, the DGP submitted that, “However, it is understood that a very large number of inter-religious marriages are taking place every year and that many conversions are taking place on that basis. The exact details or the exact numbers of such marriages are not readily available with any police agency. At the same time, there are reasons to suspect that there are concerted attempts to persuade girls to change their religion after they fall in love with Muslim boys. There is also unconfirmed source information received by the department that some groups are actively working among youngsters encouraging conversions by such techniques; that young men who are engaged in such pursuits are said to be receiving funds from abroad directly or indirectly for purchasing clothes and vehicles and for availing legal help etc.; that they have links with other places in India also.”
Furthermore and shockingly, in one of the report submitted by DGP before the Hon’ble High Court of Kerala, it was accepted by DGP that the concept of Love Jihad was even active from 1996. Few submissions made by DGP in his reports are extremely important to gauge the penetration of Love Jihad in Kerala around 2009.
“3. It is believed that Muslaim Organisation like Muslim Youth Forum and Musalim Womens organization like Thasreen Millat, Shaheen Force, Popular Front of India, National Democratic Front and its students organizations like Campus Front are the organizations behind the so called Love Jihad movement.
4. There is no concrete evidence to show the financial status of the organization. But it is known that they get support and financial assistance from National Democratic Front and Popular Front of India. Some other muslim fundamental organizations are also arranging money from some foreign countries in Gulf. But the veracity of this information has to be ascertained.”
….
“6. So far there is no evidence to show that the love jihad organizations have operations in all over India. But it is said that the programme was started during 1996 with the blessings of Muslim Organisations.
7. No reliable information has been received with regard to the financial assistance from aboard for the so called love jihad activities. But during the enquiry it was found that some active sympathizers had gone to Gulf and they are giving financial support to their supporters. But the veracity of this is yet to be ascertained.”
Further, the report submitted before the Hon’ble High Court of Kerala indicated the involvement of Muslim Youth Forum, Shaheen Force etc. in these activities. Certain organizations in Saudi Arabia are providing financial assistance to these activities under the head “scholarship” to the youth. The number of such religious conversions was estimated of about 3000 to 4000 religious conversions after love affairs have taken place. The report concluded by saying that the Intelligence Wing is of the view that such love marriages may invite frictions in the society.
This was the first case reported from India’s most educated State in 2009; Since then innumerable complaints have appeared from different states of the country in the last 12 years. Can legislatures or law makers simply ignore the fates of the victims, their parents who lost their daughters in the Love Jihad? When intellectuals, biased media opinions simply prefer to ignore the root cause of the problems, the victims of Love jihad must have perceived a state of hopelessness and despair. The problems arising because of Love Jihad and outdated religious conversions related laws have forced the legislators to create effective laws to curb the menace of forceful religion conversions.
Part 2: Understanding Key provisions of The Uttar Pradesh Prohibition of Unlawful Conversion of Religion Ordinance 2020:
Although the media has termed this ordinance as an ordinance against Love Jihad, the scope of the ordinance is beyond the Love Jihad. The objectives of the ordinance indicate a prohibition of any religious conversion through force, misrepresentation, undue influence, allurement, by any fraudulent means, or by marriage in Uttar Pradesh.
Since the scope of the article is on Love Jihad, let us understand how the ordinance would be helpful in addressing the menace of Love Jihad. Clearly, as alleged in the media, the ordinance does not bar all marriages of inter-religion. The ordinance will not affect those inter-religion marriages where no spouse would change the religion before or after the marriage. However, wherever in an inter-religion marriage, a spouse is forced to change his or her religion, before or after the marriage, the provisions of the ordinance will be activated and such marriages will be held as null and void. In other words, if a hindu boy wishes to marry a muslim girl by hiding his religion, then this marriage will be null and void in eyes of law. Simlarly, if a muslim boy wishes to marry a hindu girl by hiding his religion, then this marriage will also be held null and void in the eyes of law. In addition to null and void marriages, the spouse who is involved in such misrepresentation would be subjected to penal provisions and criminal law will also be set into motion.
Interestingly, many seculars of our country failed to realize that this ordinance is a secular ordinance not a communal ordinance.
Salient features of the Ordinance:
Now, we wish to highlight few important features of The Uttar Pradesh Prohibition of Unlawful Conversion of Religion Ordinance 2020 which are:
- The offence under this ordinance is a Cognizable offence. In practical terms, the police has to register the FIR on receipt of complaint either by the victim or by their family members.
- Is it a Bailable or Non-bailable Offence: The offence under this ordinance is a non-bailable offence.
- Which court will record the trial: Court of session
- Burden of Proof: The burden of proof will be on the accused person.
- Who can be complainant?: Any person having blood relation, marriage or adoption relation with the victim
- Punishment: Other than civil remedy, the ordinance states that the
- the punishment for the convicted can be from minimum: 1 year sentence to 5 years sentence and with a minimum fine of 15,000/- There is no upper limit specified for the fine. ;
- However, if this act is against a minor, a woman, SC/ST person, then the punishment for the convicted will be between 2 years to 10 years and a minimum fine 20,000/-.
- For Mass conversions, the punishment for the convicted is: minimum: 3 years sentence up to 10 years sentence and fine: minimum 50,000 ;
- Compensation to the victim is INR 5 Lakh rupees. This compensation will be in addition to the fine imposed on the convicted person(s)
- Repeat offence, double the punishment
- Marriage Solemnized:
- If a man either converts to the religion of women or gets the women converted to his religion only for the purpose of unlawful conversion before or after the marriage, the Family Court will declare such marriage null and void.
In addition to various other provisions, the ordinance has also provided steps for the person who wish to change his/her religion as well as for the person who would be acting as religious convertor to ensure that any religious conversion if at all happens within the state must be without any force, coercion, undue influence or allurement. The person interested for the conversion or the converted person has to submit various details to district magistrate or additional district magistrate empowered under the ordinance. The ordinance also made a provision to submit objections to the district magistrate against such conversions.
The ordinance against the menace of Love Jihad is an encouraging step by the legislatures. The victims of Love Jihad can enforce their rights effectively under this ordinance. And if two people of different religion are very much in true love, then I hope that true love will never demand religion conversion either it is from Hindu to Muslim or from Muslim to Hindu.