As many states proposed a brand new regulation to cope with the rising variety of circumstances of affection jihad, the ‘secular’ opposition is arguing that such a regulation is unconstitutional and unlawful. “Such a law is against sections 14 and 21 of the Constitution. Then abolish the Special Marriage Act. They should read the constitution before talking about the law,” mentioned Owaisi, the chief of AIMIM.
Owaisi was in all probability referring to Article 14 of the structure which is about equality earlier than the regulation. “Protection of life and liberty and equality before the law – No person shall be deprived of his life or liberty except according to the procedure established by law, nor shall any person be denied equality before the law or the equal protection of the law within the territory of India,” reads the Article 14.
Article 21 can also be about equality earlier than regulation and proper to life, it reads, “No person shall be deprived of his life or personal liberty except according to the procedure established by law, nor shall any person be denied equality before the law or the equal protection of the laws within the territory of India.”
However, none of those legal guidelines prevents the state from making a regulation towards those that drive their partner/lover to transform to a different religion. Also, those that change names to be able to marry a woman of one other religion, thus dishonest the lady, might additionally not be protected below Article 14 and Article 21 which is about equality earlier than regulation and proper to life.
So far, 5 BJP-ruled states- Uttar Pradesh, Haryana, Madhya Pradesh, Karnataka and Assam- have promised to convey a regulation to handle the rising variety of circumstances of affection jihad in India.
What the BJP dominated states are attempting to handle is an illegal conversion as a result of spiritual conversion is the motive behind a lot of the circumstances of affection jihad. More than 80 per cent of the circumstances of Love Jihad are associated to non secular conversion, not love. There have been 1000’s of circumstances reported the place it was discovered that there’s a catalogue of costs for Muslim males who marry girls of different religion and forcefully convert them into their very own spiritual religion.
The proposed regulation by Uttar Pradesh addresses illegal conversion from all religions. “The Prohibition of Unlawful Conversion Bill 2020… does not treat religious conversion in terms of ‘Hindu-Muslim’ only. Instead, it is applicable to all religions,” mentioned Justice Aditya Mittal, who heads the UP Law Commission – an advisory physique to the state regulation division.
“It only proposes that religious conversion by force, or by giving inducement or by facilitating conversion through marriages, should be included in the category of crime. Under this law, religious conversion is allowed, but conversion by force or through any kind of inducement is not,” he added.
Love Jihad is definitely a misnomer as a result of if there may be precise love, then the query of jihad doesn’t rise. While ‘Jihad’ means a wrestle for the Muslim religion, ‘Love Jihad’ is a time period meaning waging jihad by way of pretend love and conversion.
Most of the opposite state legal guidelines could be in all probability modelled after the regulation launched by the Uttar Pradesh authorities whose draft is called ‘Unlawful Conversion Bill 2020’ and has no point out of the time period ‘Love Jihad’. Therefore, the problem right here will not be about folks of two faiths marrying one another however about ‘unlawful conversions’ which constitutional students like Owaisi fail to know ‘deliberately’.