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What is Behind Love Jihad Law in India?

December 31, 2020 | Aabid Mushtaq

The Indian constitution opens up with the words, “we the people of India, having solemnly resolved to constitute India into a Secular as one of the basic feature that holds an important position in the constitution, due to its marvelous position, which defines the nature of political system of the country. 

The secular nature of India is integral to the Indian Constitution as held by the Supreme Court in cases title “Kesavananda Bharati v State of Kerala AIR (1973) 4 SCC 225” and again reiterated in“S.R Bommai v Union of India, AIR (1994) SC 1918”; that every religion be protected equally and people belonging to different religious groups be given equal treatment.
Undoubtedly, India has been one of the good emporium to varied religions as was setting up the example of practical secularism somehow.
The political system of a country gets demean when campaigns are being carried out on these lines as the D. D. Basu in his commentary on the Constitution of India says, “No sane person would question the proposition that the objects of Religion and politics are different and that they shouldn’t be mixed up. Obviously, the cause of both will be ruined if one is used for achieving the purposes of other.” The current political scenario in India is, however, clear that religion is used as a means to gain political might and power by exploiting the emotions of people on religious grounds.
The new development in this sequence erupts lately, when the Yogi Aditiyanath led government in UP has passed an ordinance which bans the interfaith marriage between a Muslim boy and a Hindu girl, more specifically called it a Love-jihad to further suppress the Muslims. “Love jihad” is a term used by the political and religious right to describe an alleged phenomenon where Muslim men lure Hindu women, by any means, into marrying them and converting to Islam. Right-wing propagandists claim that this is an organized tumult rooted in a widespread conspiracy. Although so many have nullified such contentions of the UP governments claims and also such forcible or coercive conversions are already punishable under certain legislations. Therefore, the main ulterior motive behind this ordinance is to outlaw the secularism, to suffocate the Muslims by snatching their identity in Indian societies.
These marriages solemnized since decades and are permissible under Special Marriage Act, 1954. The Special Marriage Act (SMA) is not concerned with the religion of the person intending to get married. This applies to all parties who are registered under the SMA. The Act is not concerned whether the marriage took place between the people of same religion or between persons of different religion. This Act contains provisions to rule inter-religious marriage and for the registration of marriage. Due to these features, a marriage registered under this act is known as a civil marriage.
The law is clear on this point, as this ordinance would vitiate the most important fundamental right i.e, Article 21 of the constitution of India. which grants an individual the fundamental right of privacy and protects his/her ability to make intimate choices and decisions and also which is a derivate right having essence to act a vanguard for upholding all other basic rights of the citizens. Therefore, when such capricious ordinances will be put to the test of constitutionality, does not seem other than an illegal and unconstitutional ordinance. Furthermore, the propose ordinance aims to deprive a woman of her agency and tries to control her female sexuality, which is again an arbitrary and discriminatory against women’s.
Moreover, a recent ruling by the Allahabad High Court stated, though conversion for merely a marriage is invalid but “Right to live with a person of his/her choice irrespective of religion professed by them, is intrinsic to right to life and personal liberty. Interference in a personal relationship would constitute a serious encroachment into the right to freedom of choice of the two individuals.” The Court added, “We fail to understand that if the law permits two persons even of the same sex to live together peacefully then neither any individual nor a family nor even the state can have any objection to the relationship of two major individuals who out of their own free will are living together.
This anti conversion of religion ordinance has made the lives of Muslims miserable. The staggering in the arrests of Muslims once found with the Hindu girls is of serious concern for degrading the foundational principle of unity in diversity on which Indian communities are progressing. According to one report, at least 34 persons have been arrested so far in the state under the recently promulgated ordinance and every arrest have been carried out after every 48 hours.
Such ordinances and government orders sometimes must be reconciled with the mala fide and malice hidden behind it. Religiously motivated decisions and actions are destroying the ethos of India. If these anti-minority laws and the government’s tacit support to hate crimes against Muslims remains the norm, the implications would be unprecedented.
An irony is that the same UP government had tried to protect the hathras rape accused, showing unconcern towards the heinous criminals and crimes on one hand, and at the other hand vilifying the matter, which is a constitutionally guaranteed right under Articles 21and 14 of Indian Constitution.
These self styled, concocted ideas of Jihad are evasive, arbitrary in nature and should be nullified otherwise are detrimental for the growth and development for the nation who claims to have the world’s largest democracy in the world.

 

Email:-- aabiddar299@gmail.com

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What is Behind Love Jihad Law in India?

December 31, 2020 | Aabid Mushtaq

The Indian constitution opens up with the words, “we the people of India, having solemnly resolved to constitute India into a Secular as one of the basic feature that holds an important position in the constitution, due to its marvelous position, which defines the nature of political system of the country. 

The secular nature of India is integral to the Indian Constitution as held by the Supreme Court in cases title “Kesavananda Bharati v State of Kerala AIR (1973) 4 SCC 225” and again reiterated in“S.R Bommai v Union of India, AIR (1994) SC 1918”; that every religion be protected equally and people belonging to different religious groups be given equal treatment.
Undoubtedly, India has been one of the good emporium to varied religions as was setting up the example of practical secularism somehow.
The political system of a country gets demean when campaigns are being carried out on these lines as the D. D. Basu in his commentary on the Constitution of India says, “No sane person would question the proposition that the objects of Religion and politics are different and that they shouldn’t be mixed up. Obviously, the cause of both will be ruined if one is used for achieving the purposes of other.” The current political scenario in India is, however, clear that religion is used as a means to gain political might and power by exploiting the emotions of people on religious grounds.
The new development in this sequence erupts lately, when the Yogi Aditiyanath led government in UP has passed an ordinance which bans the interfaith marriage between a Muslim boy and a Hindu girl, more specifically called it a Love-jihad to further suppress the Muslims. “Love jihad” is a term used by the political and religious right to describe an alleged phenomenon where Muslim men lure Hindu women, by any means, into marrying them and converting to Islam. Right-wing propagandists claim that this is an organized tumult rooted in a widespread conspiracy. Although so many have nullified such contentions of the UP governments claims and also such forcible or coercive conversions are already punishable under certain legislations. Therefore, the main ulterior motive behind this ordinance is to outlaw the secularism, to suffocate the Muslims by snatching their identity in Indian societies.
These marriages solemnized since decades and are permissible under Special Marriage Act, 1954. The Special Marriage Act (SMA) is not concerned with the religion of the person intending to get married. This applies to all parties who are registered under the SMA. The Act is not concerned whether the marriage took place between the people of same religion or between persons of different religion. This Act contains provisions to rule inter-religious marriage and for the registration of marriage. Due to these features, a marriage registered under this act is known as a civil marriage.
The law is clear on this point, as this ordinance would vitiate the most important fundamental right i.e, Article 21 of the constitution of India. which grants an individual the fundamental right of privacy and protects his/her ability to make intimate choices and decisions and also which is a derivate right having essence to act a vanguard for upholding all other basic rights of the citizens. Therefore, when such capricious ordinances will be put to the test of constitutionality, does not seem other than an illegal and unconstitutional ordinance. Furthermore, the propose ordinance aims to deprive a woman of her agency and tries to control her female sexuality, which is again an arbitrary and discriminatory against women’s.
Moreover, a recent ruling by the Allahabad High Court stated, though conversion for merely a marriage is invalid but “Right to live with a person of his/her choice irrespective of religion professed by them, is intrinsic to right to life and personal liberty. Interference in a personal relationship would constitute a serious encroachment into the right to freedom of choice of the two individuals.” The Court added, “We fail to understand that if the law permits two persons even of the same sex to live together peacefully then neither any individual nor a family nor even the state can have any objection to the relationship of two major individuals who out of their own free will are living together.
This anti conversion of religion ordinance has made the lives of Muslims miserable. The staggering in the arrests of Muslims once found with the Hindu girls is of serious concern for degrading the foundational principle of unity in diversity on which Indian communities are progressing. According to one report, at least 34 persons have been arrested so far in the state under the recently promulgated ordinance and every arrest have been carried out after every 48 hours.
Such ordinances and government orders sometimes must be reconciled with the mala fide and malice hidden behind it. Religiously motivated decisions and actions are destroying the ethos of India. If these anti-minority laws and the government’s tacit support to hate crimes against Muslims remains the norm, the implications would be unprecedented.
An irony is that the same UP government had tried to protect the hathras rape accused, showing unconcern towards the heinous criminals and crimes on one hand, and at the other hand vilifying the matter, which is a constitutionally guaranteed right under Articles 21and 14 of Indian Constitution.
These self styled, concocted ideas of Jihad are evasive, arbitrary in nature and should be nullified otherwise are detrimental for the growth and development for the nation who claims to have the world’s largest democracy in the world.

 

Email:-- aabiddar299@gmail.com


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Owner, Printer, Publisher, Editor: Farooq Ahmad Wani
Legal Advisor: M.J. Hubi
Printed at: Abid Enterprizes, Zainkote Srinagar
Published from: Gulshanabad Chraresharief Budgam
RNI No.: JKENG/2010/33802
Office No’s: 0194-2451076, 9622924716 , 9419400056
Postal Regd No: SK/135/2010-2019
Administrative Office: Abi Guzer Srinagar

© Copyright 2018 brighterkashmir.com All Rights Reserved.