Love Jihad

Gujarat has become the latest state to propose a law to prevent “love jihad”. It follows UP, Uttarakhand, MP and HP which have stringent laws to criminalise religious conversion by marriage.

The Supreme Court on Wednesday asked the petitioner Vishal Thakre and NGO PUCL to withdraw their petitions and approach the High Courts

Amritansh Nema, a resident of the capital Bhopal and a law student studying at the University of Delhi, has challenged the constitutionality of the Freedom of Religion Ordinance 2020 brought on 9 January 2020 to stop love jihad.

Religion is a belief system that integrates culture, teachings, practices, personal experiences, and artistic expressions which relate people to what they perceive to be transcendent. Religion has two facets which divides the world on the one hand and unites the globe in it’s own ways on the other.

The Advocate General told the Court that the application will be heard in the Supreme Court soon. On which, the High Court directed the petitions to be presented for final hearing at 2 pm on January 25.

The Supreme Court has said that it will examine the constitutionality of the Uttar Pradesh ordinance against conversion and the Uttarakhand law against alleged love jihad but has refused to stay the two statutes.

The Supreme Court on Wednesday has sought the Centre & states' response on a plea filed by seeking a direction to declare the ordinances, The Uttar Pradesh Prohibition of Unlawful Conversion of Religion Ordinance

In a sign of hope, courts have taken a progressive view of such marriages and left it to individuals to decide who they should marry. In some cases, states have been pulled up for their narrow views.

Last month, the Uttar Pradesh Cabinet approved an ordinance to stop the incidents of so-called 'love jihad'. Under this, there is a provision for imprisonment for a maximum period of 10 years and fine for the marriage by deceit, fraud, seduction or forced conversion.

Naqvi argued that once the Central Government enacted marriage laws, there is no scope for the State Government to bring such an ordinance.