With Madhya Pradesh government asserting its conceive to bring a law to ban non secular conversion for wedding, talks around ‘love jihad’ ar gaining traction once more. ‘Love jihad’ is additional a political term than legal for non secular conversion ensuing from inter-faith marriages. This term isn’t outlined in law, Union Minister of State for Home Affairs Kishan Reddy told Parliament in February this year.
“The term ‘Love Jihad’ isn’t outlined below the existent laws. No such case of ‘Love Jihad’ has been reported by any of the Central agencies,” Kishan Reddy had replied to a matter by Congress MP Benny Behanan, United Nations agency wanted to understand “whether Central agencies have reported any case of ‘Love Jihad’ from Kerala throughout the past 2 years”
Rush for laws against ‘love jihad’
Yet, a number of the state governments have aforementioned in later months that they’re going to bring laws against ‘love jihad’. In October, state Chief Minister Yogi Adityanath aforementioned at a bypoll rally, “We can bring an efficient law. it’s my warning to people who play with the honour and dignity of sisters and daughters by concealing their real names and identities, if they are doing not mend their ways that, the ‘Ram Naam Satya’ [final] journey can begin.”
His remark came daily when the Allahabad tribunal dominated that non secular conversion for the only purpose of wedding was null and void. “So, the govt. has additionally set that it’ll take stern measures to prevent ‘love jihad’. we are going to create an efficient law,” he said.
Later, the BJP governments of Haryana, Madhya Pradesh and state too aforementioned they’re going to bring out laws to visualize ‘love jihad’. The planned law in Madhya Pradesh makes it a “cognisable” and “non-bailable” crime that may attract a jail term of 5 years.
Existing anti-conversion laws
Interestingly, a minimum of ten states have had passed anti-conversion laws in Asian country. These states ar Odisha, Madhya Pradesh, Arunachal Pradesh, Chhattisgarh, Gujarat, Himachal Pradesh, Rajasthan, Madras and Jharkhand.
In the case of Madras, the law was repealed in 2004. In Rajasthan, the anti-conversion bill lapsed the state assembly was came back by the Centre. Most of those laws ban non secular conversion by force or allurement.
The recent push for conversion laws emanates from AN change created by Himachal Pradesh to its 1968 law. it had been this law that Haryana minister Anil Vij recently observed whereas asserting that the authorities would bring a law to visualize ‘love jihad’. His comments came against the scene of the Nikita Tomar murder case.
A model ‘love jihad’ law?
The anti-conversion law of Himachal Pradesh bans conversion from one faith to a different “by use of falsehood, force, undue influence, coercion, inducement or by any deceitful suggests that or by marriage”. It doesn’t, however, cowl an individual re-converting to his “parent religion”.
The law provides for declaring a wedding null and void if the conversion was conducted for the only purpose of it.
Further, the Himachal Pradesh law says if someone needs to convert to the other faith, he or she is needed to administer a declaration to authorities a minimum of one month ahead expressing “free consent”. The priest presiding over the conversion has got to inform the authorities one month ahead. In absence of advance info, the conversion are invalid.
Himachal Pradesh’s anti-conversion law puts the burden of proof that conversion wasn’t forced on the person changing and, on those facilitating conversion. AN outlaw conversion below this law could be a knowable , non-bailable crime with penalization up to 5 years in jail.
If the person changing could be a minor, a lady or AN SC/ST member, the penalization will go up to seven years in jail. Failure to administer advance notice of conversion attracts 2 years in jail.
Why no all-India anti-conversion law?
Laws prohibition conversion from one faith to a different began in pre-Independence colonial rule. many princely states unrolled such laws. when Independence, the primary anti-conversion bill was brought move into 1954. it had been known as the Indian Conversion (Regulation and Registration) Bill. Parliament failed to pass it.
Another bill by the name of Backward Communities (Religious Protection) Bill came up in 1960 and an added in 1979 titled the liberty of faith Bill was introduced. None were lapsed Parliament. Failure of Parliament to pass such a law got Odisha (then known as Orissa) to pass the primary anti-conversion law in Asian country in 1968.
In 2015, the Law Ministry wrote to the house Ministry expressing its read on AN all-India anti-conversion law and aforementioned the matter is “purely a state subject” and lawmaking such a law by Parliament wouldn’t be in accordance with the tenets of the Constitution. this implies anti-conversion laws ar utterly within the domain of the states.
Can inter-faith marriages happen wrongfully al all?
There is a Special wedding Act lapsed Parliament in 1954. This law permits wedding of people from totally different religions. below this law, a wedding are often registered in courts while not requiring conversion to a different faith.
But this law has not found a lot of favour because it needs a notice of 1 month. throughout this era, the small print of the marrying couple ar “prominently” displayed in order that objections are often received. This provision was inserted within the law to visualize doable fraud by one in all the parties obtaining married.
This provision, however, becomes hard for the couples United Nations agency concern harassment from their families just in case the wedding is against their can.
Another issue with the Special wedding Act is that once a member of AN undivided Hindu family — that in legal term additionally includes Buddhist, Sikh or faith religions — gets married, it ends up in his or her “severance” from the parental family. This denies them the correct of inheritance.