Four BJP-ruled states promise law on love jihad; legal experts find the move 'unconstitutional'

So far there is only a promise of enacting the law but it remains to be seen whether the law as being promised by the ruling party will stand the scrutiny of SC

'Love Jihad' is back in the political air, this time with a greater vengeance with Karnataka becoming the fourth BJP-ruled state to vouchsafe for bringing a law "banning religious conversions for the sake of marriage" and promising "severe and swift punishment" to anybody involved in the act of conversion.

"On lines of Allahabad High Court's order, Karnataka will enact a law banning religious conversions for the sake of marriage. We will not remain silent when Jihadis strip the dignity of Our Sisters. Anyone involved in the act of conversion shall face severe & swift punishment, said Karnataka Tourism Minister and BJP national general secretary C T Ravi.

While the Karnataka leader refrained from using the word "Love Jihad" while promising the law, Chief Ministers of Uttar Pradesh, Haryana, and Madhya Pradesh--Yogi Adityanath, Manohar Lal Khattar, and Shivraj Chouhan have made no bones about it.

Within four days of the Allahabad High Court order, four BJP-ruled states have promised a law to deal with a religious conversion for marriage and more states ruled by the BJP are likely to follow suit. Earlier this month, key BJP strategist and Assam minister Himanta Biswa Sarma promised the state government will start a strict fight against 'Love Jihad' if the party comes back to power again in the assembly elections due in March- April 2021. In September Goa BJP leader and Rajya Sabha member Vinay Tendulkar had said "Love Jihad" was a curse to the society.

The spate of the recent comments of the BJP leaders follows a judgement of the Allahabad High Court, which on October 30 said that conversion just for the sake of marriage is not valid. The court had passed the order last month in a petition filed by Priyanshi alias Samreen and her partner. Earlier also the High Court in a separate case in 2014 held that conversion just for the purpose of marriage was unacceptable.

Before the Allahabad High Court order, NCW chairperson Rekha Sharma had a fortnight ago raised the issue of the alleged rising number of 'love jihad cases" in the Opposition-ruled Maharashtra during her meeting with Maharashtra Governor Bhagat Singh Koshyari. Her comment that there is a 'rise in love-jihad cases' in Maharashtra had kicked up a row.

So far there is only a promise of enacting the law but it remains to be seen whether the law as being promised by the ruling party leaders will stand the scrutiny of the apex court.

"Justice V Gopala Gowda, former Supreme Court judge said, "it is a totally unconstitutional move. It is also violative of Articles 14 and 15 of the Constitution, which guaranteed equality, equality of opportunity and equal protection of the law and no discrimination on the ground of caste, creed, colour, and religion."

Gowda argued that a boy and girl, who attained the majority under the Indian Majority Act, can enter into a contract and choose their partner.

With regard to Allahabad High Court judges that there should not be conversion just for the purpose of marriage, Justice Gowda says you cannot regulate and control a person who attained the majority to choose what is good and bad for him. Particularly, Articles 25 to 29 allowed a person to preach his religion as a fundamental right. How can you prohibit one section from preaching his religion to other religions, he said.

However, UP CM Adityanath latched on to the Allahabad judgement and addressed a rally ahead of the November 3 by-elections raised the temperature saying his government would deal with “love jihad” with a firm hand.

"We will bring an effective law. It is my warning to those who play with the honour and dignity of sisters and daughters by hiding their real names and identities, if they do not mend their ways, the Ram Naam Satya journey will start," the CM said on October 31 promising that the posters of those involved in love jehad will be put on all road crossings and that the "court’s verdict will be followed".

The very next day Haryana CM Manohar Lal Khattar on November 1 his government is also considering legal provisions against it to ensure the "guilty" cannot escape. The state Home Minister Anil Vij had tweeted on Sunday that Haryana is contemplating a law against love jihad (Haryana me love jihad ke khilaf kanoon banane par vichar kiya ja raha hai).

On Monday (November 2), Madhya Pradesh Chief Minister Shivraj Singh Chouhan said the state government will make legal arrangements to curb the alleged practice of love jihad in the state. There will be no jihad in the name of love, whoever does such an act will be set right. Legal arrangements will be made for this, Chouhan said.

Senior advocate Sanjay Hegde, however, thinks the Allahabad HC judgement was "passing reference".

"They cannot ban inter-community or inter-religious marriage under the Special Marriage Act. We have to first see the framework of the law. The point is there is freedom of religion in India, you can choose your religion for whatever reason. Banning conversion would therefore be prima facie unconstitutional. We have to see what they are trying to do by criminalising or penalising it."

He further argued whatever they want to bring in would be nothing more than an anti-conversion law. Anti-conversion law that has been upheld is against offering inducement only.

Possibly it weighed on the minds of Karnataka Deputy Chief Minister C N Ashwath Narayan when he said, "it's a technical matter that involves legalities. We will see what the other states do in terms of what provisions are invoked or added. Here, the final call will be taken by the chief minister.”

The issue of love Jihad also got fillip last week after a recent incident of a daylight killing of a Hindu girl by a Muslim youth Haryana after the family members charged that that the man was pressuring her to convert to Islam in order to marry him. A VHP delegation, who met the family members demanded Rs 1 crore compensation to the victim's family and alleged that she was "murdered by Islamic jihadists". Yoga Guru Ramdev also called it a case of "love jihad", demanding public hanging of the accused. Bajrang Dal held a protest march.

But the BJP and VHP have been raising the issue of "Love Jihad" for quite a long time. In UP, 'love jihad" had found a place in the BJP campaign even in 2014 Lok Sabha polls. Among all the CMs, Aditynath in particular has been raising the issue for quite a long time. Not only in UP, he had also raised the issue of "love Jihad" during campaigning in Kerala to target the Left in 2017.

VHP Working President Alok Kumar says the increasing incidents of love jihad, religious conversions and atrocities on Hindus is a cause of serious concern. It is difficult to see how many Hindu girls will fall victims in the hands of anti Hindu Jihadists."