Published 23:09 IST, November 26th 2020

UP's 'Love Jihad' law explained: What is it and how is different from other states' laws

A day after the Yogi Adityanath government has passed the 'Prohibition of Unlawful Conversion Bill 2020' ordinance, several other BJP states have made drafts

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A day after Yogi ityanath government has passed 'Prohibition of Unlawful Conversion Bill 2020' ordinance, several or BJP-ruled states like Haryana, Mhya Presh and Assam have prepared drafts to pass similar laws. While ityanath h proclaimed that he will pass a law against 'love jih' in a UP bypoll campaign, UP is t first BJP government to pass such a law. Currently, anti-conversion laws are in force in Arunachal Presh, Odisha, Mhya Presh, Chhattisgarh, Gujarat, Himachal Presh, Jharkhand and Uttarakhand.

UP Govt approves ordinance against unlawful conversions amid chorus against 'Love Jih'

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So what is UP's law against 'Love Jih'?

While law does t mention 'love Jih' or defines term, it makes forceful religious conversion, including through marri, punishable with a jail term of 1-5 years with Rs 15,000 penalty. Moreover, if woman is a mir or belongs to Scheduled Caste or Scheduled Tribe, jail term will be between 3-10 years and penalty upto Rs 25,000. law also punishes mass conversions with jail term is of 3-10 years and fine of Rs. 50,000 on organisations conducting it. This ordinance will be soon tabled in Assembly to pass as an Act.

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Key features of bill:

  • Marri for sheer purpose of converting a girl's religion will be declared null and void, with a punishment up to 10 years.
  •  Forceful religious conversion, including through marri, punishable with a jail term of 1-5 years with Rs 15,000 penalty. If woman is a mir or belongs to Scheduled Caste or Scheduled Tribe, jail term will be between 3-10 years and penalty upto Rs 25,000. 
  • Mass conversions punishable with jail term is of 3-10 years and fine of Rs. 50,000 on organisations conducting it.
  • If someone wants to convert ir religion after marri, y will have to submit an application to District Magistrate (DM) two months in vance.

UP CM Yogi ityanath vows to bring law against 'Love-Jih'; touts 'Mission Shakti'

How is this different from or anti-conversion laws?

Though re have been anti-conversion laws in India since 1967, Uttarakhand and Himachal Presh were first states to introduce a clause regarding marris. Uttarakhand's Freedom of Religion Act, 2018  prohibits conversion by misrepresentation, force, fraud, undue influence, coercion, allurement or marri. Its punishment ranges from a jail term of one to five years and a fine, making it a n-bailable offence. Himachal Presh too has passed a similar law in 2019.

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Meanwhile, BJP government in Mhya Presh is planning to introduce Dharma Swatantrya (Religious Freedom) Bill 2020 in next session. bill proposes rigorous imprisonment for period of five years for luring a person through fraud and forcing marri by religious conversion, making it n-bailable. BJP in Assam, on or hand, is planning to introduce law after being re-elected to power in 2021 Assam Assembly polls.

What do courts say?

Prior to Yogi ityanath's proclamation,  Allahab  High Court dismissed a writ petition filed by a married couple seeking stay on ir families from interfering in ir marri. court observed that Muslim-born woman converted to Hindu in June and n married as per Hindu rituals in July, clearly revealing that conversion has taken place only for purpose of marri. Ruling that conversion just for purpose of marri is unacceptable, High Court said it will t interfere in matter.

But days later, ar Allahab HC bench reiterated that a person’s right to live with people of ir choice, irrespective of religion, is intrinsic to ir right to life and personal liberty guaranteed by Constitution. Terming earlier verdicts as incorrect, it said 'y do t lay down good law'. Similarly, Delhi High Court, on Thursday, ruled that an ult/major girl is "free to reside wherever and with whoever she wishes to reside", while hearing a plea filed by family of a girl, claiming she was 'kidnapped', which was refuted by woman.

Echoing Gehlot, Bhupesh Baghel asks BJP if 'inter-faith marris' were 'love-jih'

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What is 'Love Jih'?

Love Jih is a term referring to an alleged campaign by Muslim men to convert Hindu girls under pretext of love. NCW chairperson Rekha Sharma has often claimed that Kerala has 'rampant' love jih, ding that y (alluding to Muslims) were luring women - t just Hindus, but even Christians and forcefully converting m in Kerala. After investigation, National Investigation ncy (NIA) stated that it though it h found a common mentor in some of Kerala cases in August 2017, re was evidence of attempted or forced conversion in such cases.  Earlier this year, MoS Home Affairs G Kishan Reddy informed Parliament that 'love jih' is t defined under current laws ding that case of 'love jih' has been reported by any of Central ncies. 

23:09 IST, November 26th 2020