Gujarat HC stays some provisions of anti-Love Jihad law to prevent harassment of couples

In a blow to the BJP government's move to outlaw 'Love Jihad', the Gujarat High Court passed an interim order on Thursday staying certain provisions of The Gujarat Freedom of Religion (Amendment) Act, 2021. This law against forcible conversion through marriage was passed in the state Assembly on April 1 after a day-long discussion. However, Congress voted against the bill with its MLA Imran Khedawala alleging that it targets only the Muslim community. While the anti-Love Jihad legislation became law received the assent of Gujarat Governor Acharya Devvrat on May 22, it was notified on June 15.

A division bench of Chief Justice Vikram Nath and Justice Biren Vaishnav's order came on a plea filed by Muhammed Hakim challenging the provisions of this law. It ruled, " "We are of the opinion that pending further hearing, rigors of section 3,4, 4a to 4c, 5, 6, and 6a shall not operate merely because the marriage is solemnised by a person of one religion with another religion without force, allurement or fraudulent means and such marriages cannot be termed as marriage for the purpose of unlawful conversion." The HC added, "This interim order is to protect the parties which solemnised interfaith marriages from unnecessary harassment". 

Thus, sections such as lodging of the complaint, punishment for marriage by unlawful conversion, offences by institutions, prior permission from District Magistrate for conversion, prosecution and burden of proof on the parties will not be operational. Earlier, Uttar Pradesh and Madhya Pradesh also passed legislation against forcible conversion through marriage. While some organizations construe Love Jihad' as inter-religious marriages where the woman converts to Islam either by force or guile, it is not defined under the current laws. 

Here are the key provisions of the Gujarat anti-Love Jihad law: 

• The definition of "allurement" has been expanded to ensure that any person who offers a "better lifestyle, divine blessings or otherwise" in lieu of conversion can be punished
• Forcible conversion by marriage, or by getting a person married, or by aiding a person to get married shall attract punishment of 3-5 years and a fine of up to Rs.2 lakh
• In case, the victim is a woman, minor, SC, or ST, the offender can be punished with a jail term of 4-7 years and a fine of not less than Rs.3 lakh
• If an organization is found involved, the punishment is between 3-10 years
• If a person seeks to reconvert to the native religion of his/her forefathers, the same shall not be deemed to be a conversion
• All offences under this bill will be cognizable and non-bailable