Published 21:00 IST, February 17th 2021
SC to now hear pleas challenging 'Love Jihad' laws of 4 states; Muslim body impleaded
The Supreme Court allowed the amendment of a writ plea implying that it will now determine the constitutional validity of 'Love Jihad' laws of 4 states.
On Wednesday, the Supreme Court allowed the amendment of a writ plea implying that it will now determine the constitutional validity of 'Love Jihad' laws of 4 states. While the three-judge SC bench comprising CJI SA Bobde, Justices AS Bopanna and V Ramasubramanian was hearing pleas against the Uttarakhand Freedom of Religion Act, 2018 and the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Ordinance, 2020, petitioner Citizens for Justice and Peace incorporated the challenge against similar laws in HP and MP. While the Himachal Pradesh Freedom of Religion Act, 2019 was cleared by the state Assembly, MP opted for the ordinance route with the promulgation of the Madhya Pradesh Freedom of Religion Ordinance, 2020.
Meanwhile, Jamiat Ulema-E-Hind was impleaded as party to the case. The apex court allowed this organization's impleadment application on its contention that a large number of Muslim youths have been harassed owing to the 'Love Jihad' laws. Subsequently, the SC posted the matter for hearing after two weeks.
BJP's move to outlaw 'Love Jihad'
As per some organisations, '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. In 2010, the then Kerala Chief Minister VS Achuthanandan had accused PFI and some other organisations of planning to turn the state into a Muslim-majority state by doling out money. In 2020, G Kishan Reddy told the Parliament that 'Love Jihad' is not defined under the current laws and that no such case has been reported by any of the Central agencies.
On November 28, 2020, Uttar Pradesh became the first state to outlaw 'Love Jihad' when Governor Anandiben Patel promulgated the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Ordinance, 2020. Under this 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. 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.
In January 2021, the Madhya Pradesh Freedom of Religion Ordinance, 2020, came into force. Incorporating stiff punishments similar to UP, it states, "No person shall convert or attempt to convert, either directly or otherwise, any other person by use of misrepresentation, allurement, use of threat of force, undue influence, coercion or marriage or by any other fraudulent means". Similarly, the BJP-led governments in Gujarat, Haryana, Karnataka and Assam have also announced their intention to pass laws against forced religious conversions.
Updated 21:00 IST, February 17th 2021