Can there be a law against 'Love Jihad’?

Several BJP-ruled states are keen on introducing laws that punish Love Jihad. Is this possible?

India is a secular country. Even though this might not feel true sometimes, the preamble of the Constitution says so.

Secularism implies two things.

First, it means a respect for all religions. Second, it allows interference when certain religious practices (like triple talaq) go against principles of justice and equality.

With that in mind, let’s begin to our story.

Several states – such as Uttar Pradesh, Madhya Pradesh, and Haryana – are planning to introduce laws against Love Jihad. Why? Today’s Legalease explains.

What’s the Deal?

Some state governments are worried. Apparently, too many Hindus are marrying Muslims.

While such marriages are permitted, the concern is that they are being used as tools for conversion. Governments aren’t okay with this. So, they want to create laws that ban religious conversions done under the garb of marriage.

Leading the pack is the government of Uttar Pradesh. Various other states are following suit. Madhya Pradesh, for instance, is working on a legislation that will provide up to 5 years of imprisonment for marrying someone for religious conversion.

Blessings of a High Court

The anti-Love Jihad movement picked up steam after a recent order of the Allahabad High Court (‘AHC’). Here’s what happened.

A woman, who was Muslim by birth, converted to Hinduism just a month before her marriage. Subsequently, the couple filed a petition seeking police protection.

The AHC dismissed the petition. It relied on a 2014 judgement to hold – “…[religious] conversion just for the purpose of marriage is unacceptable.”

Critics have cited numerous problems with this order. A key concern is that the court wasn’t even required to comment on the marriage. It simply had to decide whether or not to grant police protection to the couple.

By issuing a sweeping statement on religious conversions, the AHC has opened a can of worms. The order is now being leveraged by the Uttar Pradesh Chief Minister to justify plans to curb Love Jihad.

This Thing Called the Constitution

At the heart of this issue is a simple question – how can anyone decide whether a conversion was genuine or forced?

Article 25 of the Constitution gives people the right to freely profess, practice and propagate religion. This freedom is subject to only three conditions: public order, morality, and health. If a Hindu woman wants to marry a Muslim man and is freely willing to convert her religion, then, strictly speaking, she is allowed to do so.

The Supreme Court has also recognized that a right to marry a person of one’s choice is an integral part of the Constitution. Every person is also free to pursue a faith that she/he believes in.

So, how real is the fear that people are being forcibly converted under the guise of marriage?

Even the central government isn’t sure. It acknowledged in the Lok Sabha that the term Love Jihad hasn’t been defined and no such cases have been reported by central agencies.

This probably won’t prevent the states from passing their laws. But will they stand constitutional scrutiny? Well, that’s one for the experts.

Stay WorldWise!

Next week, we’re doing a session on mental health and ambition with Mr. Chris Parsons (India Chair at Herbert Smith Freehills). Mr. Parsons is an accomplished lawyer; and he also recently cycled from Kanyakumari to Kashmir to raise funds for Indian widows. If you’d like to attend the session, please sign up here.