Love Jihad Law -mirrored in other BJP-governed states, ostensibly aims to curb religious conversions under false pretenses, including those arising from marital unions.
Uttar Pradesh enacting the Prohibition of Unlawful Conversion of Religion Ordinance, colloquially known as the ‘love jihad’ law, in November 2020, the legal landscape for interfaith couples in India underwent a significant transformation. This legislation, mirrored in other BJP-governed states, ostensibly aims to curb religious conversions under false pretenses, including those arising from marital unions. It mandates individuals to notify the district magistrate of any intent to convert, initiating a process of inquiry to validate the absence of coercion or inducement.
The Special Marriage Act (SMA) of 1954, which facilitates interfaith marriages, already imposes a requirement for couples to issue a 30-day public notice before marriage. This provision, however, is not always practical or safe, especially for those fleeing familial opposition to their union. The law’s stipulations have led to additional hurdles, including police interventions and the scrutiny of marriage notices by vigilante groups, further complicating the process for interfaith couples.
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A 2018 Law Commission report highlighted a common workaround for couples facing these obstacles: one partner converting to the other’s religion to bypass the notice period required for a civil marriage under the SMA. However, the introduction of the anti-conversion law has obstructed this path as well, marking a significant setback for interfaith couples seeking to marry.
The immediate aftermath of the law’s enactment saw a spike in arrests, with 34 individuals detained in Uttar Pradesh within a month, predominantly on complaints from disgruntled parents now empowered by the state to intervene in their adult children’s choices.
Amidst this backdrop, a landmark judgment by the Allahabad High Court in January 2021 emerged as a beacon of hope. The court, in a case involving a Muslim woman and a Hindu man who married after her conversion, ruled that the SMA’s 30-day notice requirement was an “invasion of their privacy” and a source of “unnecessary social pressure/interference in their free choice,” as per Justice Vivek Chaudhury. This decision underscored the right to privacy and personal choice in marriage, challenging the mandatory nature of the notice period.
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Furthermore, the right to choose one’s partner, the Allahabad High Court, in November 2021, ruled against the withholding of marriage registration on the grounds of unapproved conversion, as per Justice Suneet Kumar. This ruling came while addressing a batch of 17 petitions involving interfaith marriages post-conversion.
The judiciary’s role in protecting individual rights in the context of marriage and conversion has been pivotal, with courts across India, including the Supreme Court, upholding the principle that consenting adults do not require permission from parents or community to marry. However, a recent shift towards a more conservative stance by the Allahabad High Court, particularly in cases not complying with the anti-conversion law, has raised concerns about the erosion of these liberties.
The insistence on procedural compliance, even at the cost of personal safety and freedom, reflects a troubling trend, especially in a country still grappling with the horrors of honor killings. The anti-conversion law, currently under scrutiny in the Supreme Court, has been criticized for its apparent aim to hinder interfaith relationships, as noted by Asif Iqbal, co-founder of Dhanak of Humanity, an organization supporting interfaith couples.
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Despite the legal battles and societal challenges, the desire for love and companionship across religious divides persists. A 2018 survey by the Lok Foundation and Oxford University revealed that a vast majority of young Indians still undergo arranged marriages within their caste and faith, highlighting the societal pressures and norms that interfaith couples face.
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