1 So UP govt has brought ordinance to crackdown on forcible conversions amid a continuous row over ‘love jihad’. UP CM and his cabinet member passed ‘The UP Prohibition of Unlawful Religious Conversion Ordinance’. The law makes forced religious conversion punishable in the state with a jail term ranging from 1 to 10 years, and a fine stretching from Rs 15,000 to Rs 50,000. A marriage for the sake on conversion will be null and void This ordinance will be promulgated after the governor’s approval. As per govt’s spoke person “this had become necessary to maintain law and order in the state and ensure justice for women especially from SC/ST communities. It had become necessary by the increasing cases of forced conversions in the name of marriage”.
With this ordinance if anyone wants to convert for marriage. He/she, has to inform District Magistrate 2 months in advance. Failure to do so would invite jail of 6 months to 3 years, fine of Rs 10,000.
Now what a coincidence , just when UP cabinet was approving this ordinance; Allahabad High Court gave a strong worded judgement. On a petition filed by Muslim man and his wife, who had converted from Hinduism to Islam, against police complaint lodged by the girl’s father. The judgement said “ The right to choose a partner irrespective of caste, creed or religion is inherited under right of life and personal liberty, an integral part of the fundamental right under Article 21 of the Constitution of India. We do not see spouses as Hindu and Muslim, we see them rather as two grown up individuals who out of their free will and choice are living together peacefully and happily after marriage. Interference in a personal relationship would constitute a serious encroachment into the right to freedom of choice of the two individuals.”
Now, the problem of love jihad is not an imaginary one, there have been too many cases of love jihad all over India for last few years. There are so many cases which came to light, where innocent girls from poor family are lured into love affair and the girls are forced into marriage and converted, and in some cases these girls are forced into terrorism and prostitution. Looking into this, may be UP govt had thought of bringing this ordinance, when the assembly session could not happen due to covid pandemic. In the name of liberty and freedom so many people are not ready to accept this problem, but this problem has to be tackled. Inm many Islamic countries when 2 individuals of different religion wants to marry they have to apply and notice of their coming marriage is published locally and in the city of their origin. The provision in this ordinance that he/she has to inform about conversion and marriage to District Magistrate 2 months in advance, can be used to stop the love jihad incidents.
2 In other case, the Bombay High Court (HC) has granted actress Kangana Ranaut and his sister Rangoli Chandel protection against coercive steps, such as arrest for their allegedly inflammatory online posts in social media. HC rapped Mumbai police for invoking sedition charges against the sisters. The court suggested that senior and higher ups in police force impart training to their personnel for a better understanding the sedition law, in particular Section 124A of the Indian Penal code.
Now what is Section 124A- It reads thus “Whoever, by words, either spoken or written, or by signs, or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt or excite disaffection towards the Govt established by the law shall be punished with imprisonment for life, to which fine may be added, or with imprisonment which may extend to 3 years, to which fine may be added.”
Essentially, if any person expresses any form of dissatisfaction towards the govt of the day, and if the govt thinks such expression of dissatisfaction is a and authority of govt, is a threat to the sovereignty and authority of govt, then he/she may be punished under this section.
The problem at present most of the state govts headed by various political parties think, if some one writes/say any thing which is not to their liking, they immediately ask police to arrest the said person under this section. In Maharashtra, this has become a common scene after the MVA govt came into power, they are filing FIRs against the person who writes/say anything against govt or their leaders they arrest and charge sheet the person and sometimes use this section also. Kangana Ranaut case is one of the example. Govt employees goes and break her office with sending proper notice of any illegality, and when she comments something on social media, govt issues threat of section 124A. There are many similar incidences in other states across the country.
Waiting for your views/comments/feed backs.
Anil Malik
Mumbai, India
25th November 2020