While the government of the Bharatiya Janata Party, led by Uttar Pradesh’s Yogi Adityanath, has stated that it will impose a strict law to address what right-wing groups call ‘love jihad’, the proposed bill will not mention this politically controversial phrase. .
Some saffron groups and BJP leaders have used the term ‘love jihad’ to attack interfaith marriages, accusing Muslim men of participating in a massive conspiracy to alienate Hindu women from their religion by seducing them.
The proposed legislation on ‘love jihad’ currently being considered by the UP’s law department will be called the ‘Illegal Conversion Prohibition Bill’. The state cabinet is expected to approve it in a few days, after which it is likely to run at the next winter session of the UP assembly.
The bill prepared by the state law commission was initially sent to the government last year. An amended copy was recently sent back to the state department of origin. Speaking to CNN-News18, Judge Aditya Mittal, chairman of the legal commission, said: “The term ‘love jihad’ has not been used in the bill, and conversions related to all religions will be covered by the new The law specifies that it will not focus solely on Hindu-Muslim conversions or conversions for the specific purpose of marriage itself. “
In delving into the provisions of the proposed law, the head of the commission emphasized that it will in no way be a violation of an individual citizen’s right to religious freedom. Judge Mittal, however, added that under the prospective law interfaith marriages will be encouraged to go through the Special Marriage Law.
Under the law, a consenting couple must contact the district court of first instance and express their desire for marriage. Following such request, the administration issues a 30-day notice during which objections may be raised to said proposed marriage.
According to Judge Mittal, the draft law does not prohibit or discourage interreligious marriages. “The law, however, tries to eliminate anomalies in such marriages,” he added.
Under the proposed legislation, anyone found guilty of luring another person to convert through marriage could face trial in court after the police registered an FIR. If the charge is proven, the accused may be punished with a rigorous prison sentence of up to five years, if the woman is of a general category. The amount of the punishment can be up to 10 years in case the victim is a minor or a Dalit.
In another important provision, the family courts will have the power to rule under the proposed law. An aggrieved person may go to family court if they feel cheated. The court, in turn, will have the power to annul said marriage.
However, amid strict rules of punishment, the commission says it has also ensured that there is no room for organizations or third parties with vested interests to interfere. The bill proposes that only the families of the couple involved can complain about such a marriage. No third party will have the right to go to court.
UP Law Minister Brijesh Pathak told CNN-News18: “Our government is determined to control the growing cases of love jihad. The bill in this regard will soon be presented to the state cabinet.”
For the tightrope walk to ensure a balance between constitutionally enshrined citizen rights and the proposed law, the state government has taken a cautious approach to ensure it withstands any legal scrutiny in the coming days.
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