Yogi's UP becomes first state to bring anti- 'Love Jihad' law as Guv promulgates ordinance

On Saturday, Uttar Pradesh Goverr Anandiben Patel has promulgated 'Prohibition of Unlawful Conversion of Religion Ordinance 2020' days after it was passed by cabinet led by Yogi Adityanath. Several or BJP-ruled states like Haryana, Madhya Pradesh and Assam have also prepared drafts to pass similar laws. Yogi Adityanath had anunced during UP by-poll campaign that his administration will bring a law that prevents forced conversion for marri, terming it to be 'Love-Jihad'. 

READ | UP's 'Love Jihad' Law Explained: What Is It And How Is Different From Or States' Laws

Key features of 'Love-Jihad' law:

• 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 advance

READ | Assam govt to enact anti-Love Jihad law after re-election in 2021: Himanta Biswa Sarma

What do courts say?

Prior to Yogi Adityanath's proclamation,  Allahabad  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 Allahabad 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 adult/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.

READ | Haryana & MP to follow footsteps of UP govt, anti-Love Jihad law to be enacted soon

READ | UP Law minister justifies state govt's ordinance against Love Jihad; claims 'many cases'