The Uttar Pradesh government on Tuesday approved the draft of a stringent law to deal with a religious conversion for the sake of marriage, which BJP leaders refer to as "love jihad". An official spokesperson said the approval for the ordinance was given at a meeting of the state cabinet chaired by Chief Minister Yogi Adityanath here.
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The move comes after the Allahabad High Court in a key verdict has said two adults have the right to choose their life partner. The court said that the law allows two adults to live together, whether they are of the same or opposite sex. The court made it clear that no person or family could interfere in their peaceful life. Even the state cannot object to the relationship of two adults, said the court.
Love Jihad Ordinance: All You Need To Know
In the proposed Bill, there is a provision of up to five years jail term with Rs 15,000 penalty for a person convicted in such a case. For conversions of minors and women of SC/ST community, there will be a jail term of three to 10 years with a Rs 25,000 penalty.
However, under the prospective law, inter-religious marriages will be encouraged to go through the Special Marriage Act.
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Under the Act, a consenting couple needs to reach out to the District Magistrate's court expressing a desire for marriage. Subsequent to such a request, the administration will issue a 30-day notice during which objections can be raised to such a proposed marriage.
In case the charge is proven, the accused can be awarded rigorous imprisonment for up to five years if the woman is from the general category. The quantum of punishment can go up to 10 years in case the victim is a minor or a Dalit.
Under the proposed legislation, anyone found guilty of having lured another person for conversion through marriage could face trial in court after registration of an FIR by the police.