M.P. PLANNING LAW WITH 5-YEAR JAIL FOR ‘LOVE JIHAD’
What is love jihad ? Love Jihad or Romeo Jihad is an Islamophobic conspiracy theory alleging that Muslim men target women belonging to non-Muslim communities for conversion to Islam by feigning love.
What exactly happens ? Love Jihad is an alleged activity wherein Muslim youth utilize emotional appeals, using charm to entice girls into conversion by feigning love – in some reports, as an organized, funded behavior.
What state has done ? Uttar Pradesh, Karnataka and Haryana Governments have passed a law banning religious conversion for the purpose of marriage. Subsequently, Madhya Pradesh has decided to enact a similar law.
What this law says ? The ordinance makes it a criminal offence for a person to convert another by coercion, misrepresentation, fraud etc, which is unobjectionable.
Essence of law - A marriage solemnised for the “sole purpose” of unlawfully converting the bride or the groom is required to be declared void by the competent court.
Following legal provisions are violated
Legal provision 1 : Article 21 of constitution of India | Right to life and personal liberty
Legal provision 2 : Article 25 of Constitution of India | Freedom of conscience and free profession, practice and propagation of religion.
Judicial Decisions related to the issue :
Supreme Court in K.S. Puttaswamy v Union of India (2017) , stated that “right of choice of a family life” is a fundamental right.
Salamat Ansari v. State of Uttar Pradesh : Recently, Allahabad High Court held that Right to live with a person of his/her choice irrespective of religion professed by them, is intrinsic to right to life and personal liberty.
MODEL UPSC LAW OPTONAL MAINS QUESTION / GS QUESTION
Mr. A, Muslim by faith lures Ms. R, a Hindu, with love and emotionally persuades her to conversion to Islam. Whether act of A is legal? Discuss with recent issues?
How right to choose family can be balanced with the issue of love jihad, discuss.
“Right of choice of a family life” is a fundamental right” but can that be a reason to violate ones right to freedom of religion. Explain with recent cases.
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