Love-Jihad Laws analysis

How these laws affect the ‘free choice’ religious conversions!

Uttar Pradesh Prohibition of Unlawful Conversion of Religion Ordinance 2020 and the Uttarakhand Freedom of Religion Act, 2018 have been challenged via petition in the Supreme Court and the matter is going on in the court. Love- jihad is a term composed of two words: Love is something which is promoted by all religious texts and Jihad literal meaning is struggle or efforts. The purpose of this ‘Jihad’ varies for different persons but in the present times, it seems that Love-jihad means struggle in love or efforts required to love someone.

The heading of UP ordinance no 21 of 2020 which has now become an act is Prohibition of Unlawful Conversion of Religion. But the domain of this act extends to ‘Lawful Conversion’ also for both men and women belonging to any religion. Now, every person who wants to convert his/her religion by free consent needs to give information at least 60 days in advance to DM or ADM prior to conversion. As per 8(2) of this Act, the religious convertor i.e., the person who will perform religious ceremony to convert any person religion also needs to inform DM or ADM of the district 1 month prior to the actual conversion.

Omission of the above- mentioned duty by any of the parties will make the conversion illegal and it will also lead them to imprisonment and imposition of fine. The converted person has to give another declaration within 60 days of conversion and then he has to present himself/herself in front of DM within 21 days of giving that declaration.

All these are the unfair and immaterial tasks which are imposed upon those persons who want to convert their religion by free consent. Such laws affect the fundamental rights guaranteed to the citizens in the Indian Constitution like Right to Choose, Right to life, Right to Freedom of Religion. The unnecessary intervention by State in all ‘free choice’ conversions will not serve any purpose but will only increase the burden on officials.