LOVE JIHAD LAW AND NEW INDIA by Samruddhi Nandkumar Mhatre

Posted on: June 3, 2021 Posted by: admin Comments: 0

Author : Samruddhi Nandkumar Mhatre , Student at Manipal University, Jaipur.

ABSTRACT

‘Love Jihad’ is a theory developed by upholders or supporters of Hindutva which created preconceived opinions which are not based on reason or actual experience on Muslims Those who follow Islam. Love jihad It is a belief of a new community followers against Islam, a different religion follower. In thus belief the Hindutva, proponents believe that Muslim religion followers forcefully target Hindu woman for converting their religion either by marrying deception or feigning in order to convert Hindu woman into following Muslims [Islam] religion.

It is claimed that love Jihad has history, which came from partition between India and Pakistan. Jihad word basically means a struggle or effort and it means much more than Holy war. Muslims usually use the word Jihad for different types of struggles in day-to-day life: A believer’s internal struggle to live with  Muslim faith as much as possible. Means a fight  to become a better person. Many scholars and activists think this is a anti Muslim law. In this paper, we shall study the problems and issues relating to Muslim community after legitimately passing the Legislature. This paper will study and put forth the Muslim community. The study is specifically putting Human Rights as vital as of Personal choice to marry.

Also, problems relating to the love Jihad cases. This research paper will emphasis on how love jihad is not applicable on every conversion of marriage and the issues has faced and faced by Muslims whether is this a problem to secularism of the country?

Whether there were actual incidents on conversion of the religion? Or do the laws basically only target a community? This paper will put forth a review of the laws and will study the reasons and factors amounting to crime against Muslim community.

It will also discuss about whether the terms Jihad has been misunderstood by non-Muslims where they see Islam as violent religion. This paper shall also discuss about how victimization of women happened for being target of conversion, shall throw light on the problems in the law and how impugned it is in nature.

INTRODUCTION

The very first state in India, Uttar Pradesh declared an ordinance under Bhartiya Janata Party regime against the made-up Love Jihad conspiracy, where it gives sentence five years of imprisonment is held guilty. Love Jihad is the action in which when a Muslim community, male or Groom marries a non-Muslim female or Bride and converts them.

This act is not defined or is not a clear concept under the extent laws until the year 2020.

The Uttar Pradesh New Bill on Prohibition of Conversion in other Religion, 2020 promoted by governor in 71st Year of Republic India came into force from year 2020.

With minute observation ‘Love Jihad’ term is unofficially referred to the ordinance.

The ordinance states prohibition of Unlawful Religious Conversion Ordinance 2020 where, as it has not mentioned or explained anything about Love Jihad.

It typically mentioned about religion conversion but not out any Muslim community or Islam beliefs.

Love Jihad is nothing but a conspiracy or a theory derived by Hindu followers against Muslim community in India for forceful or marriage done undue influence ways in order to convert a Hindu woman into Muslim community.

In this, the Hindutva followers claim the motive of such marriages is to convert Hindu pool overs into Muslim community.

Love Jihad was first called or addressed as ‘Romeo Jihad.’

It is an unproved conspiracy theory that Muslim men are unlawfully conversing Hindu brides in a bid to convert them to Muslim community and then obtain free domination on population.

This concept love Jihad got more attention in Bhartiya Janata party’s governance.

Being an unproven theory against Muslim community ‘Love Jihad’ continues to be addressed in many other Interfaith marrying couples who want to marry or have married each other.

In the research done forward, this Conspired theory has not concluded any evidence or proof of conversion.

Today, more than 10 cases are booked under the new ordinance.

More than 34 people have been arrested so far in various districts, was said by police in the interview done by ‘the wire’.

When asked to National Commission for woman former chief Lalitha Kumara Mangalam. What is love jihad? She answered, saying that is an unimportant issue. Used by media which is publicized by media.

Love Jihad is a terminology used to increase the population or majority of Muslim community has been claimed by media many times.

Love jihad has been used manty times during the incidents of conversion of religion for marriage.

Many scholars believe that Love jihad is just a weapon to target Muslim Community in Indian Society.

This theory has its history before independence and has remarked its existence since Bhartiya Janata Party {BJP} came under regime in India.

OBJECTIVES OF RESEARCH

This research paper is majority focusing on the new law bill passed by the UP-government Love Jihad.

To describe the shortcoming of the law and how problematic it is.

The research will review the bill and will specify the issues faced by Muslim community in India.

The aim of the research is. To express what went wrong in the Legislation, and how it is only targeting a Muslim community.

Also, it will mention women’s victimization and how couples got affected consensually ready to marry into interfaith marriages and what they go through because of Love Jihad law.

The research will throw some light on how couples who are interested to marry must go through hardships to just enjoy their Right of choice.

The study will also suggest some Suggestions which can be implemented ahead experienced while couple going through conversion of religion for marriage.

The study is targeting on the problems faced by only One community that is Muslim where they are facing and have faced issues relating to the unproven Conspiracy named Love Jihad.

METHODS AND MATERIALS

The research is based on non-doctrinal an empirical type of research approach.

The approach used in this research is qualitative type research design.

Research methods: To fulfill and achieve the above given aims and objectives, Qualitative Research Non -doctrinal Research and Empirical research method has been used. The bill passed and Case laws are the primary source material. In this research paper, different various sources of secondary sources are also used, such as web sites. Other published research papers and news articles, blogs, etc.

Research design: Questionnaire has been used to study, analyze the opinions and thinking perspective of people regards to the new bill relating to love Jihad and what the targeted audience thinks about the Ordinance and Conspiracy named Love Jihad.

ORIGIN AND BACKGROUND OF LOVE JIHAD

The specter of Love Jihad has been heard since partition.

It has been said that the existence of Love Jihad came during and after the partition of India and Pakistan in 1947.

One of the most tensions surrounding interfaith marriages also concerns even forced marital conversions. Many right-wing organizations like Vishwa Hindu Parishad add RSS have played key role in addressing love Jihad. Primarily Love Jihad was very firstly found or was alleged in South State of India which are Kerala and Karnataka region.

In Kerala, the Christian community Kerala Catholic Bishops Council in October 2009, claimed that up to the 2500 females in Kerala had been targeted, whereas other organization named Hindu Jana Jagruti Samiti claimed that around 29-30,000 girls had been sought to be converted into Islam in the state of Karnataka itself.

On 25th June 2014 Chief Minister Oommen Chondy of Kerala Confirmed the state legislature that 2667 women one converted into Islam in Kerala between the year 2006 and 2014. However, no evidence was supported or found for conversion of religion was found.

In the state of Karnataka: The term was first used in a case the Silja Raj case gave official observation for ‘Love Jihad ‘term was used. Further, after investigation it was found that the case was not about ‘Love Jihad’ later the term was dropped.

In the state of Karela in the year 2012, police officer Jacob Punnoose director general of police confirmed and stated that there is no compelling evidence is found to prove ‘Love Jihad’ as a term to help anyone liable for, and that is it was running in state.

A time when love Jihad campaign successfully shattered reasons of our country in disturbing social harmony in India. In 2013 Muzaffar Nagar rights interpretation experience and have Oak of communal violence resulting to deaths of people and more than two more than 50,000 Muslims went dissent displaced.

That is how love Jihad became as a factor for riot instrument for parties was claimed by a news article. Ashok Singhal Leader from Vishwa Hindu Parishad the organization in India stated that: ‘when the people can no longer tolerate the Love Jihadist enraging the modesty and dignity of Hindu females and ladies in village and city areas of Uttar Pradesh, where the movement in the form of saving the women Beti Bachao came into being, Maha panchayat came into existence.

‘Love Jihad’ term was properly legitimized in the year 2009 by Karnataka High Court order where it made Karnataka and Kerala enforcements to investigate the term love Jihad conspiracy.

Looking at facts of the case are: The Eighteen-year-old Silija Raj belonging to Chamarajanagar place of Bengaluru with 24-year-old adult Asghar Nazar from Kumar in Kerala they got married and a sitting bench of Honorable Karnataka High Court asked CID police investigate allegations of love jihad in the marriage.

On date of 13 November TID filed an Interim Report in the year 2009, the General of Police AJ Kumar saying stated that the marriage did not find any kind of Conspiracy proving Love jihad as claimed in court by her father.

 Based on the report, the court saw no suspicion of conspiracy and were allowed freedom and was asked to go live as per her consent, Silija then wished to live with her husband.

As for the reports of the CID ad vision bench comprising Justice, K.L Manjunath and AV Chandrasekar on November 6, 2013, closed the investigations into Love Jihad which was initiated in the Habeas Corpus case and then the case was closed on not finding any compelling evidence.

According to Harsh Mandar, Gujarat with the assistance of local media jihad, arrived in public disclosure in the year 2009 in southern states only.

HOW LOVE JIHAD LAW IS A PROBLEM?

Term Love Jihad is just conspiracy or theory developed as per many scholars.

The terminology is used or typically been used by Hindutva organizations or political parties.

Many politicians have used this terminology in interviews or a media or rallies for elections.

The term love Jihad differentiates two community or religion followers from one country that is India.

The main motive of this terminology is used to prove that Hindus are at stake or Hindu’s women are at threat for conversion of religion.

This term or theory has made couples who want to marry on their own consent where they are fine to marry into interfaith type of marriage has become a hurdle or issue.

In new India, where the generation. believes in secularism where citizens should be treated equally by any state or Central authority of the country.

In the 42nd amendment of the Constitution of India entered in 1976, the preamble of the Constitution stated that India is a nation which believes in Secularism. Hence, nor did Indian Constitution and never any legislation defined the belongness of religion and State.

Rajasthan Chief minister Ashok Gehlot stated in his speech once that love Jihad is a term produced by the BJP Bhartiya Janata Party to create disturbance and communal harmony, assisting in a sharp reaction from Union Minister Gajendra Singh Shekhawat.

The Uttar Pradesh government passed an ordinance prohibition of unlawful conversion of Religion Ordinance 2020.

In India since injuries Regionalism has prevailed yet the social disgrace or taint still belongs and is present in the Indian Society.

Pence from templating laws over interfaith type of marriage directly prohibits several rights of people which are as follows:

  • Right to Freedom.
  • Personal Liberty
  • Right to Life.

An ordinance is referred to Love Jihad where the term is definitely not explained in the ordinance.

The problem primarily is with the bill is that it does not even mention the term love jihad, yet it is referred.

However, the Bill ordinance is an anti-conversion law for religion. Ultimately, the ordinance does not target specific religion where love Jihad specifically targets against Muslim community.

Making interfaith marriages or talking through to the couple’s issues with interfaith marriages can be explained like:

They are believed that they are mostly forced or conversion.

Conversion of religion is the only way to marry a Muslim follower as per Muslim personal law. Hence a non-Muslim must go through conversion.

The Special Marriage Act 1954 is not together with backwardness of the society. Where many arguments and debates going on about the Constitutional justification of Article 226 for invalidating interfaith type of marriage by Court.

In Special Marriage Act: It is a type of special law to provide a special form of marriage. The procedure must be followed with Registration of the two parties who are getting married who do not want to renounce their religion. The acts cover an includes Hindus, Muslims, Christians, Sikhs,Jains, and Buddhist marriages.

This Law also is applicable for Indian Nationals who live abroad.The only requirement of this Law is the choice of marrying both with consent and to make it a valid Marriage.

The absolute conditions to commence marriage are: The bride groom should be adult that is 21maximum and the bride completing 18 years of age during marriage. Both parties must be not married also at that time should not have a living spouse.

Both the parties must be mentally fit, which is they should be sane at the time of marriage.

Here the problem of ordinance passed by Uttar Pradesh government is like an interference of the law. In an individual’s choice of marriage which violates the constitutional rights which are: Right to freedom and personal Liberty, Freedom of religion and right to life.

In Indian Constitution ARTICLE 21 states that no one should suffer the right to follow his personal Liberty and Freedom and Choice to follow any religion he/she wants to follow or adopt.

Where in under Article 25 guarantees citizens to freedom of conscience to adopt any practice and propagate religion to every citizen of India.. Hence such interfaith marriages are allowed in India.

Love Jihad makes sound terrible of marrying in other religion by making it impossible to couples to follow their choices.

There should be acceptance of interface in region, so single person also and about Special Marriage Act 1954.

Theories like love Jihad exploit the rights of couples by stating conversion of marriage in a wrong way.

The Mumbai based NGO which filed case PIL in Supreme Court which challenged the constitutional validity of love Jihad law passed by the Uttar Pradesh Government upon conversion of religion.

The PIL states that the provisions of impugned acts on ordinances. Empowers the state to suppress couples personal Liberty and violates Article 21 of the Indian Constitution.

The petition also held that the laws were violation of right to privacy as the individual has to approach the district magistrate to approve their conversions and were unconstitutional as it is controlling the individual’s life by not taking their own decisions.

In the petition also cited judgments in cases like KS Rutta swamy V Union of India and Shafin Jahan v/s Ashokan KM.

A number and groups of lawyers have challenged the validity of these laws before. Honorable Supreme Court of India seeking that ordinance disturbs the basic structure of the Constitution.

Urban couples are becoming vocal about their marriage choices and are choosing their own life partners. However, such bills are making individuals to go through procedures for marriage.

The bill has provisions for Three to Ten years of imprisonment and if the person is found guilty the fine of rupees 5 Lakh is the Penalty.

Due to this ordinance, Muslim stated for the theory of Love Jihad does not prove and seems to be impugned. In New India, the wire [newspaper print media] mentioned some real instances of Indian individuals who experienced backlash from issues formatting into interfaith of marriage of marriage.

Certified as an anomic A who married in the year 2019. Shared some experiences to the wire during an interview. Where they said their families agreed to the carriage after a lot of efforts and persuasion remove their relative drag Bajrang Dal in the picture where they threatened the bride’s father saying they were degrading Hindu society.

After approaching police officers, the marriage ceremony went smoothly. The couple also shared that after marriage they received threat calls for marrying a Hindu female.

There are many such individuals who must go through societal pressures for interfaith marriage.

Search conversion of religion instances are directly held as love jihad is the biggest problem experienced by the couple. In the questionnaire survey, after counting the appropriate responses, 59.3% of people responded saying that they know people who have done interfaith marriages.

And when asked with a question stating if they are fine marrying into interface type of marriage, the response is 64.3% stating that people are ready to marry into interfaith marriage if given chance.

With the help of a questionnaire, I can simply sum up that people are ready to marry into interfaith marriages and they are aware of love. Jihad theory and interconversion law.

Where a question with that do you believe that Muslim community is most targeted community in our country? The responses were 64.3%. Yes and 35.7% no, it shows that people believe Muslim community is targeted the most in our country. With the rise of communal imbalance, religion issues have disturbed Indian society.

QUESTIONNAIRE RESULTS

In the given Questionnaire responses, the approached Population is under the age group of 1-35 respectively.

The following are the questions and their responses.

Question no 1: Are you aware about love jihad?

Here, 92.9% of the people know what exactly the term Love jihad is.

They are aware about the conspiracy theory and have known things related to it.

Question no 2:  Do you think love jihad is an anti-conversion law?

Question no3: Do you know anyone/ any couple who has done interfaith marriage?

Question no 4: Will you choose to marry interfaith marriage if given a chance?

Question no 5: Do you believe that muslim community is the most targeted community in our country?

As per the above Questionnaire pie we can see the respondents are aware about the term “Love Jihad” and know people around them who have married into interfaith marriage with consent. The targeted audience is young and are graduate students.

REVERSE LOVE JIHAD

Many groups belonging to Hindu community have produced an idea to reverse love jihad in where the organizations claimed to help Muslim woman to marry Hindu men.

In which, they intend to help female Muslim community follower marry or Hindu male.

They are inviting such couples to get married and that would provide both financial and social assistance to the newlyweds.

As per the report, in one India, the Hindu Jagran Manch planned to invite 21,000 Muslim women to marry Hindu men. The Manch has given a deadline of six months and is confident of attaining that target. Such a trend is found in all major districts of eastern Uttar Pradesh.

Reverse Love jihad is something that Hindus are trying to commit what Love jihad theory has, that is conversion from one religion to other.

In this the Hindutva followers claim that they will assist every such couple where a Muslim female wants to marry a Hindu man.

In its own term Reversing the Same theory where Hinduism Followers claim Muslim Community does.

ROLE OF MEDIA

Media plays a vital role when reporting news. Media is a pillar between government and politics.

Sometimes the media misuses its platform, which creates misrepresentation of any news or incidences.

There are examples of some news titled that how baseless stories are published about Inter caste marriages.

Webdunia.com published 300 girls will explain the reality of love Jihad.

Pravakta.com on 20th Jan 2015, published an incident like India is destroyed by Love Jihad. The print published an article. Stating how Indian media is playing holy war against hyenas where it explicitly stated that journalism is now endangered and what’s impersonating in its name is business. With open display of hate rate towards Muslims and other under privilege communities

It also mentioned how the media is a capital-intensive industry.

Truly, after using misguiding titles and words can create an issue in society which may rise to communal imbalance in the Democratic country.

Media needs to grow its ethical attitude towards sensitive approach with such topics which might get in many ways. Medis absolutely has a entitlement or privilege to show news on platforms with enormous number of audiences which creates huge amount of change in the society.

Media needs to play safely in presenting regional incident or stories. As media being the strongest representor of democracy, they have privilege to handle the incidents without making them hurt sentiments of any religion or caste and without giving it a rise of communal issue within the society. Sometimes such breaking news create Issues and hurt sentiments of people. Such columns and articles can have adverse psychological effects on the Victim and their families. While reporting they should not filter Facts which might create disturbance in the Society.

CONCLUSION

The term Love Jihad in its recent form, a larger discordant Campaign that it is former, informal avatar. In this conspiracy theory, most of the targeting community always find an occasion to deny the actual rational attitude and channel their concurrent attitude against each Muslim and Hindu Ladies who wants to marry each other. They become hesitant about accepting the conversion method for marriage.

Recruit in modernization new generation is open and ready to marry the person of their choice. Search conspiracy theories should not be used against innocent couples who just want to live their life peacefully.

The marriage of two people who are adults could be an absolute matter of their own choice. Theres no law which does not states that it is wrong to adapt religion or ideology they think it fits. There should be Liberty of his or her choice of wedding shall hump the person alone. The only thing which is required is only acceptance of the reality that every religion is equal in the eyes of law.

Asper Chiru Gupta, a history faculty member at Delhi University, has written extensively regarding Hindu Muslim marriages in India, Muslim rulers. What oftentimes pictured as decadent manipulators within the Widespread literature of the late 19th century Where in the 19-20 it went from rulers to any or all Muslims. They were known as abductions then. These abductions effectively provided one of the glues for Hindu unity in exceedingly country, divided by cost. Such fears have inflated since 2009, with the emergence of Hindu nationalist as a dominant political force in our country. Love Jihad in its towards form could be a bigger dissentious campaign for many Organization followers in informal way.

This thought is currently revoked itself into one among the foremost effective Hindutva methods to consolidate Hindu men. United Nations Agency have faced issues with their own multilayered ingrained activities their whole life. In this conspiracy theory, many of people see a break to deny this real fact and put forth their insecurities and hesitation against each Muslim and Hindu Women. Citizens of India should be aware and know the real ground story rather than creating havoc in very first instance. After listening to instances or little reversion of region of religion.

Somewhere between hurting sentiments of two Religion, we cannot ignore the fact that there are couples who genuinely wants to marry each other and are ready to follow the conversion as is their personal choice to decide their own life partner. Indian society should not deny the fact that we are known for our secularism. Such conspiracies are dividing us on a larger aspect.

Conversions under undue influence or wrongful intentions should be punished under law of land, but just targeting one community without having facts or proofs should not be held liable. As per constitution of India states that everyone is Innocent until proven guilty. Such theories create Hate against communities which can amount to crime against Humanity.

The Bill passed by State Government should not create Ambiguity and confusion between people because of religion. If crimes were true, they should be treated as wrong as any criminal acts. The clashes between the new era India where liberal ideology have seen followed and the Right-wing followers should not forget to understand that maintaining peace and brotherhood should be the upmost priority of every Indian citizen.

REFERENCES

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