Allahabad HC grants protection to interfaith couple amid anti-Love Jihad thrust in UP

In a significant order post  promulgation of anti-Love Jihad ordinance, Allahabad High Court granted protection to an interfaith couple who alleged a threat to ir lives. single-judge bench of Justice Saral Srivastava was hearing a petition filed by this couple seeking direction to ir family members t to interfere in ir married life. Maintaining that y are staying toger out of ir own free will, petitioners claimed that y are being harassed continuously. After perusing High School mark sheet and Aadhaar card of couple, HC held that both are major.

In this case, Hindu woman converted to Islam and solemnized marri with a Muslim man. In its order, HC stated, " court has repeatedly held that where two individuals having attained of majority, are living toger, body is entitled to interfere in ir peaceful life". Moreover, bench directed Bijr Superintendent of Police to look into grievance of petitioners and provide protection if deemed necessary. matter has been fixed for hearing on February 8, 2021, where husband has been asked to present before court a fixed deposit receipt of Rs.3,00,000 in favour of wife. 

Read: Ahead Of Polls, BJP's Narottam Mishra Vows 'Love Jihad' Law In Bengal If Brought To Power

What is anti-Love Jihad ordinance?

Uttar Pradesh Prohibition of Unlawful Conversion of Religion Ordinance, 2020 stipulates that an individual who forcefully marries a girl for sheer purpose of converting her religion can face punishment up to 10 years in jail. Such a marri will be declared null and void. Besides this, mass conversions shall be punishable with a jail term of 3-10 years and a fine of Rs.50,000 on organizations conducting it. If someone wants to convert to ar religion, he/she has to submit an application to District Magistrate two months in advance. 

UP government informed Allahabad HC, which is hearing pleas challenging this ordinance, that Constitution abhors forceful conversion particularly in matter of religion. Among many examples of what constitutes a forceful conversion cited in counter affidavit, one of m was a Hindu woman's conversion to Islam after marri with a Muslim man. According to state government, such conversion is done out of compulsion as Muslim personal law treats such inter-religious marri as invalid. To buttress its point, it claimed that Hindu woman will be deprived of inheritance unless she gives up her faith and accepts Islam. 

Read: Love Jihad Row: SC Issues tice On Anti-conversion Laws In UP, Uttarakhand; Stay Yet