Allahabad HC refuses interim stay on anti-Love Jihad ordinance; matter adjourned to Jan 7

On Friday, a division bench of the Allahabad High Court refused to grant an interim stay on the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Ordinance, 2020. The bench of Chief Justice Govind Mathur and Justice Piyush Agrawal was hearing petitions challenging the constitutional validity of the aforesaid ordinance promulged on November 28. 8 FIRs have been filed under lodged under this ordinance so far leading to multiple arrests.

The petitioners have argued that it is violative of the fundamental rights of citizens. Moreover, they contended that there was no urgent situation to exercise the ordinance making power under Article 213 of the Constitution. While the UP government has been directed to file a counter affidavit by January 4, the petitioners can file a rejoinder affidavit by January 6. The matter will now be heard on January 7, 2020. 

Read: Karnataka Law Against Love Jihad In Next Assembly Session; Anti-Cow Slaughter Law Now: CM

States move to enact laws against 'Love Jihad'

As per some organizations, 'love jihad' refers to inter-religious marriages where the woman converts to Islam either by force or guile in order to marry a Muslim man. Earlier this year, MoS Home Affairs G Kishan Reddy informed the Parliament that 'love jihad' is not defined under the current laws. Moreover, he stated that no case of 'love jihad' has been reported by any of the Central agencies. 

Under the aforesaid UP ordinance, an individual who forcefully marries a girl for the sheer purpose of converting her religion can face punishment up to 10 years in jail. Such a marriage 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 the organizations conducting it. If someone wants to convert to another religion, he/she has to submit an application to the District Magistrate two months in advance. 

Incidentally, the UP government's move comes amid an Allahabad HC's judgment affirming that "the right to live with a person of his/her choice irrespective of religion professed by them, is intrinsic to the right to life and personal liberty". This ordinance has also been challenged in the Supreme Court on the grounds that it can become a potent tool in the hands of bad elements to falsely implicate persons who are not involved in 'Love Jihad'. Governments in MP, Haryana, Assam, and Karnataka too have promised to enact a law against 'Love Jihad' very soon. 

Read: MP Govt Unveils Contours Of Anti-Love Jihad Bill, Guilty Face Up To 10 Years In Jail