Uttar Pradesh government approved the draft of a stringent law to deal with religious conversion for the sake of marriage, which several Bharatiya Janata Party (BJP) leaders refer to as "love jihad".
Interestingly, the ordinance passed by the UP cabinet does not mention the term 'love jihad' and the draft has been named 'Vidhi Virudh Dharmantaran 2020'.
The cabinet meeting held on Tuesday gave its nod to the proposed draft. The Bill is considered to be an anti-conversion law and it will stop individuals from converting people to other faiths by enticing or threatening.
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.
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 the court after registration of an FIR by the police.
The Uttar Pradesh Law Commission had submitted a draft for the proposed law in November 2019. It was under the consideration of the Home and Law Ministry over the last year.
Last week, the Yogi Adityanath government had given its consent to the draft of the new law.
Various religious and political groups have used the term 'love jihad' to target interfaith marriages, accusing Muslim men of engaging in a mass conspiracy to turn Hindu women away from their religion by luring them.
Several saints of Ayodhya have welcomed the new law and said that this should have come years ago. Mahant Paramhans Das of Tapasvi Chhavni thanked CM Adityanath and said that the new law would protect girls and women against exploitation.
What High Court Said On Love Jihad
The move by Adityanath cabinet came despite Allahabad High Court directive stating that the right to choose a life partner irrespective of religion is intrinsic to the right to life and personal liberty.
The bench contradicted a high court judgment in September and another in 2014 against marriages performed after alleged conversions, saying that the two rulings were not good in law.
The court said that essentially it does not matter whether a conversion is valid. The right of two adults to live together cannot be encroached upon by the state or others.
The right to choose a partner irrespective of caste, creed or religion is intrinsic to the constitutional right to life and personal liberty, the Allahabad High Court held, adding that two previous judgments that objected to religious conversion for the purpose of marriage did not 'lay down good law'.