advertisement
Video Producer: Shohini Bose
Video Editor: Deepthi Ramadas
Cameraperson: Abhishek Ranjan
(This story was first published on 27 November 2020, and is being republished from The Quint's archives to mark one year since the anti-conversion law in Uttar Pradesh came into effect.)
Yeh Jo India Hai Na… yahan par ab UP ke ‘Love-Jihad’ ordinance aur desh ke kanoon ki seedhi takkar hone ja rahi hai!
A direct battle between the Uttar Pradesh ordinance on so-called ‘Love Jihad’ and the law of the land, is about to unfold. And we, the public, must pay attention and inform ourselves about this, because, at stake, are some of our basic rights – our right to choose a life partner, our right to life and liberty!
The UP government has passed an ordinance to deal with alleged forced religious conversion for the sake of marriage, following up on CM Adityanath’s stated intent of tackling the imaginary concept of ‘love jihad’ – with strict punishments.
But even as the Adityanath government lists out these punishments, the fact is that the highest court of law in UP – the Allahabad High Court itself, does not agree with the UP government.
Now this could confuse some of us, because, just days ago, Yogi Adityanath referred to another Allahabad High Court ruling while announcing and justifying his plan of passing an anti ‘Love Jihad’ law.
But in fact, on 11 November, a two-judge Allahabad High Court bench said that the high court’s September ruling was ‘bad in law’ – meaning, it was WRONG! Hearing a petition filed by an inter-faith couple – Salamat Ansari and Priyanka Kharwar alias Alia – to quash a police complaint against them by the woman’s father, the court said –
Pay close attention to the Allahabad High Court’s ruling, because, it systematically tells us how wrong, how unlawful, how unconstitutional Uttar Pradesh’s Love Jihad ordinance is. Here’s another crucial line from its judgment –
Meaning not even Yogi Adityanath’s government, nor any anti ‘love jihad’ vigilante groups, not even Priyanka’s father could stop her.
When UP’s Additional Solicitor General arguing in favour of the woman’s father, referred to the HC’s September ruling that conversion only for the sake of marriage was not acceptable – the Allahabad High Court, as I mentioned a bit earlier, categorically dismissed that ruling as “bad in law” – WRONG!
It even cited the Supreme Court’s 2018 judgment in the Hadiya case – where it had upheld Hadiya’s conversion and inter-faith marriage. Simply put – the Allahabad High Court ruling leaves the UP government’s ‘love-jihad’ ordinance with no legal legs to stand on!
Let’s examine a few more troubling key details of this ordinance –
Does it sound fair? No… But, as I said, that’s the whole point – this ordinance isn’t meant be fair. This ordinance is meant to further divide us, to further demonise India’s Muslims, by criminalising the idea of inter-faith marriages, especially, Hindu-Muslim marriages – giving them this sinister label of ‘love jihad’.
So far the loony right could only pretend that there is such a thing as ‘love jihad’ and spread fake news about this fake phenomenon, but this ordinance seeks to make it real and even make it a crime to fall in love!
But Yeh Jo India Hai Na… a secular India will NOT allow this to happen.
(At The Quint, we question everything. Play an active role in shaping our journalism by becoming a member today.)