“Interference in a personal relationship, would constitute a serious encroachment into the right to freedom of choice of the two individuals,” the bench said.
‘Love jihad’ term has not yet been legalized by the Indian legal system. Going by the social construct, it means the forceful conversion of a Hindu woman by a Muslim man, in the name of marriage.
States like Madhya Pradesh, Assam, Haryana and Karnataka, are considering of implementing this. This is to make sure that the women are not victim of conversion by marriage being the only sole reason.
Twitter war between Punjab and Haryana CMs.
Amarinder says Haryana govt was busy raising the bogie of Love Jihad and failed to see problems of farmers. https://t.co/87VywL3g03
— Man Aman Singh Chhina (@manaman_chhina) November 26, 2020
Yogi Adityanath, the Chief Minister of Uttar Pradesh and also a member of Bharatya Janta Party (BJP), has approved the draft to pass ‘love jihad’ at Lucknow. According to him, conversion of a Hindu woman by marriage is considered as unacceptable and also “bad in law”.
“The way in which religious conversions are done using deceit, lies, force and dishonesty is heart wrenching, and it was necessary to have a law in this regard,” Cabinet minister and UP government spokesperson Sidharth Nath Singh said.
Now, Kanpur police admit there is no conspiracy behind the inter-faith marriages they were probing. https://t.co/eq2fXjSwez [For twist in the tale, see next Tweet]
— Sreenivasan Jain (@SreenivasanJain) November 24, 2020
Punishment under the new law has a jail term between one and five years, and a fine of Rs 15,000. But if the woman involved was a minor or belonged to a Scheduled Caste or a Scheduled Tribe, the jail term would range from three to 10 years and the fine would increase to Rs 25,000.
source: Sirf News
Adityanath asserted that Hindu women were “coerced” or were “forced” to marry Muslim men and thus, trying to make Hindus a minority in India.
All his statement yielded nothing as Allahabad High Court denounced the claims as it breached the rights of personal choice and liberty of two individuals.
UP Police has not yet found any concrete evidence to support the claim or the conversions he mentioned. It was mere propaganda to spread communal hatred in a country whose tolerance is already on a thin ice.
“To disregard the choice of a person who is of the age of majority would not only be antithetic to the freedom of choice of a grown-up individual but would also be a threat to the concept of unity in diversity,” a bench of Justices Pankaj Naqvi and Vivek Agarwal said.
I wish we would debate Patriarchy & Marriage- how women are expected to adjust, surrender, sacrifice, embrace change, compared to the man. Or that we'd discourage 18 year olds from marrying instead of chasing a career or a larger dream. Instead this idiotic 'Love Jihad" law.
— barkha dutt (@BDUTT) November 24, 2020
The Allahabad high court’s decision ia particularly significant because Uttar Pradesh chief minister Yogi Adityanath haa used the court’s earlier ruling to justify his proposed ‘love jihad’ law. “The court’s verdict will be followed and the honor and dignity of women will be ensured,” he had said.
Kudos to Alld HC for upholding the right of inter-religious couples.Ominous sign for obnoxious law on 'Love jihad'."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" https://t.co/f7ZYC7EWnp
— Prashant Bhushan (@pbhushan1) November 24, 2020
Laws like this will weaken the democratic country like India as it can be seen as taking away the fundamental rights of people.