Bhaskar Explaner: Four states of BJP are saying – Love will enact laws to stop jihad; Is it possible


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  • What Is Love Jihad | Law On Love Jihad; BS Yeddiyurappa Karnataka Govt To Follow Uttar Pradesh, Haryana And Madhya Pradesh

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The Allahabad High Court said in September that conversion to marriage alone cannot be accepted. Even though the matter was related to a Hindu boy and a Muslim girl, politics has been hot. After this decision and the alleged love jihad cases in Haryana-Madhya Pradesh, four states have said that they will stop the law by bringing love jihad. Beginning Chief Minister of Uttar Pradesh Yogi met Adityanath, who even went on to say that if the love of jihad does not improve, his journey to Ram Naam Satya will begin.

After Yogi, Haryana Chief Minister Manohar Lal Khattar said that not only the state government but also the central government is thinking of enacting a law on it. When the matter had come out, Madhya Pradesh Chief Minister Shivraj Singh Chauhan, who was active in the by-elections to save the government, said that we too will bring a law to stop love jihad. Then it was Karnataka. There it was an issue arising for years.

Along with the Chief Minister of Karnataka BS Yeddyurappa, there are many ministers saying that we will also make laws. In all, four states ruled by the BJP have so far decided to stop Love Jihad by enacting a law. Law experts are questioning whether the constitution grants freedom of religious freedom. This is our fundamental right. In such a situation, how can you stop love jihad by making laws?

Let us know what is the matter and whether the states can bring any change by making laws on this issue-

What is love jihad?

  • The alleged definition of love jihad is such that Muslim boys trap non-Muslim girls in the trap of love. Then they convert them and marry them.
  • In 2009, the term was well known. Came from Kerala and Karnataka at the national level. Then reached UK and Pakistan.
  • In September 2009 in Thiruvananthapuram (Kerala), Sri Ram Sena put up posters against Love Jihad. In October 2009, the Karnataka government, considering Love Jihad a serious issue, ordered a CID probe so that an organized conspiracy could be found behind it.
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  • The Supreme Court had also conducted an inquiry into the matter with the NIA, when a Hindu girl converted to Muslim religion to marry a Muslim lover. The girl’s father also accused the boy of tricking the daughter into joining the terrorist organization. Well, nothing turned out and the girl herself went to the Supreme Court and told her love story.

Why has the discussion of law on love jihad suddenly erupted?

  • In fact, the Allahabad High Court on 29 September refused to give police protection to the newly married couple. The woman was a Muslim by birth and converted to Hinduism on July 31, a month before her wedding.
  • The High Court cited a Supreme Court order that if a person does not have any knowledge about that religion or does not have any faith in him, then his conversion cannot be accepted only for marriage.

What does the central government have to say on love jihad?

  • In February, MP Benny Behanan asked the government in the Lok Sabha what he had to say about the love jihad cases in Kerala? Has he investigated any such case?
  • In response, Union Minister of State for Home Affairs G.P. Kishan Reddy had said that Article 25 of the Constitution allows religion to be adopted, practiced and propagated under the conditions of public order, morality and health.
  • It also stated that the term Love Jihad is not defined in the current laws. No central agency has reported any case of love jihad. The NIA has investigated two cases of inter-religion marriage in Kerala.

What does the Supreme Court say on conversion?

  • According to Article 25 of the Constitution of India, every person in India has the freedom to follow any religion, to conduct and to propagate religion. This right is equal to citizens of all religions.
  • The courts have also interpreted conscience or conscience independent of religious freedom. That is, if a person is an atheist, he has such right from his conscience. No one can force him to follow any religion.
  • The Constitution Bench of the Supreme Court in 1975 has given a good explanation on the issue of conversion. In fact, the High Courts of Madhya Pradesh and Odisha had given different decisions on the laws made against conversion.
  • When the matter went to the Supreme Court, he supported the decision of the Madhya Pradesh High Court and said that conversion of religion by fraud, greed or coercion is a violation of a person’s right of conscience. He cannot be forced to do anything against his conscience.
  • The Supreme Court had also said that it is the right of the states to maintain public order. If forced conversions are made, it is a threat to law and order. States may, at their discretion, make necessary laws to maintain law and order.

Is the law against Love Jihad possible in the states?

  • In this case the Supreme Court and the High Court have made it clear that conversion should be done voluntarily and without any greed or profit. By making this the basis, four BJP-ruled states are talking about making laws against a person’s conversion to Islam or any other religion on the pretext of love and marriage.
  • Looking at the order of the Supreme Court, it is clear that it is the responsibility of the state governments to maintain law and order. If states prove that the law against love jihad is necessary to maintain law and order, then they can also make it. On this, the Supreme Court reiterates the stand of 1975 or gives a new system, it will be clear in future.


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