Updated: November 25, 2020 6:52:45 pm
In recent months, cases of alleged “love jihad” have been reported in different parts of the state, especially in eastern and central UP.
As the The Uttar Pradesh cabinet approved a draft ordinance against interreligious conversions by force – or the so-called “jihad of love” – amid similar steps by other states, there is a feeling that the law would be implemented with more “vigor” in Uttar Pradesh than in any other state. The Uttar Pradesh State Law Commission, in its report presented to the Chief Minister a year ago, proposed such a law in the state citing increasing incidents of forced religious conversions or conversions by fraudulent means. However, as different states are considering implementing a similar law, the Uttar Pradesh government is ready to implement.
Why are there apprehensions about the implementation of the law in UP?
The topic of “love jihad” has been on the agenda of UP Prime Minister Yogi Adityanath even before he became Prime Minister of Uttar Pradesh and is considered very close to his heart. While the Bharatiya Janata Party did not mention the word “love-jihad” on its electoral agenda in the previous state assembly elections, Adityanath, even as a Gorakhpur MP, never shied away from speaking about it. His team, “Hindu Yuva Vahini”, which is not very active today, had actively worked to control alleged religious conversions in eastern Uttar Pradesh.
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As Chief Minister, he called it a “dangerous trend” during a rally in Kerala in 2017 and is the first CM to tell his officers to introduce a law to control “love jihad” incidents in August this year.
What prompted the state to write the law now?
In recent months, cases of alleged “love jihad” have been reported in different parts of the state, especially in the eastern and central UP. In one case that triggered the decision, a group of parents from a particular town in Kanpur had met with senior police officers with a complaint that their daughters were allegedly being caught by Muslim men and are now seeking their help to free themselves. Later, a special investigation team was formed to investigate the allegations. In some cases, however, the girls refused to accept that they were lured into marriage. Incidents were reported in other districts such as Lakhimpur Kheri.
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What is the UP’s proposed law on ‘love jihad’?
The proposed law passed by the Uttar Pradesh cabinet defines punishment and fine in three different categories. Those found guilty of conversion carried out through “misrepresentation, force, undue influence, coercion, seduction or by any fraudulent means” in violation of the law would face a jail term of one to five years and a minimum fine of 15,000 rupees.
In the event that such conversion is of a minor, a woman of the recognized caste or recognized tribe, the culprits would face a prison sentence of three to 10 years, with a minimum fine of 25,000 rupees.
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On the other hand, if such conversion is found on a massive scale, the culprits would face a prison sentence of three to 10 years, with a minimum fine of 50,000 rupees.
In another important provision, the proposed law called “Uttar Pradesh Vidhi Virudh Dharma Samparivartan Pratishedh Adyadesh 2020” (prohibition of illegal religious conversion), proposes, among other things, that a marriage be declared “shunya” (null and void) if The “only intention” of it is “to change a girl’s religion.”
Who can convert and how can they do so under the proposed law?
Under the new proposed law, anyone wishing to convert to another religion would have to give it in writing to the district judge at least two months in advance. The government is supposed to prepare a form for the application and the person has to complete the application for conversion in that format.
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However, under the new law, it would be the responsibility of the one who goes for the religious conversion to prove that it is not being carried out in a forced way or with any fraudulent means. In case any infraction is found under this provision, then one faces a jail term of 6 months to 3 years and a fine of a minimum of Rs 10,000.
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