Uttar Pradesh Vidhi Virudh Dharma Samparivartan Pratishedh Adhyadhesh, 2020 commonly known as love jihad law was cleared by up government on 24 nov, 2020 and it was signed and approved for enactment on 28 nov, 2020
This law is equipped with 14 sections and this is not an act till yet. The law makes conversion non-bailable with up to 10 years of jail time if undertaken through misinformation, unlawfully, forcefully, allurement or other allegedly fraudulent means and requires that religious conversions for marriage in Uttar Pradesh to be approved by a district magistrate. The law also encompasses strict action for mass conversion, including cancellation of registration of social organisation involve in mass religious conversion
this is not the first anti conversion law of the NATION states such as Orissa , Madhya Pradesh , gujrat , arunanchal Pradesh , uttrakhand, himanchal Pradesh have their own anti conversion laws before uttar Pradesh . even before independence we have such anti-conversion laws
· Raigarh State Conversion Act, 1936
· Surguja State Apostasy Act, 1942
· Udaipur State Anti-Conversion Act, 1946
What this ordinance is about ?
According to up law commission under justice aditya nath mittal this law is required to provide freedom of religion by prohibition of conversion from one religion to another by misrepresentation, force, undue influence, coercion, allurement or by any fraudulent means or by marriage. The commission stated that the Indian Penal Code is “not sufficient” to prevent conversions.
The ordinance defines — allurement, coercion, conversion, force, fraudulent means, mass conversion, religion, religion converter, undue influence and unlawful conversion.
The law makes conversion non-bailable with up to 10 years of jail time if undertaken unlawfully, that is if “done through misrepresentation, force, undue influence, coercion, allurement, fraudulent means” or solely for marriage. The ordinance also lays down provisions related to mass conversions. The law requires that religious conversions for marriage in Uttar Pradesh to be approved by a district magistrate.
Violation of the section 3 of the act will lead to atleast 1 year of jail, in case of sc/st 2years of jail and in case of mass conversion the act will lead tro atleast 3 years in jail
SUPPORT AND CRITICISM
Media named this law as love jihad law however “The Uttar Pradesh Prohibition of Unlawful Conversion of Religion Ordinance, 2020 applies to everyone belonging to any religion, provides for the regulation of conversion through prescribed declaration .this law will protect the right of religion against allurement, coercion, conversion, force, fraudulent means, mass conversion, religion, religion converter, undue influence and unlawful conversion.The criticism is largely focused on denying the right to freedom of religion and restricting women’s rights to choose their partner.the vague framing of law makes it easy for the police to interrogate any interfaith marriage and harass Muslim men and interfaith couples.Allahbad high court commented on the same judgement, overriding it by saying that it was “not good law”.
In my opinion the law doesn’t target an unimportant issue even the first case under this ordinance was registered on very next day but the implementation of the same may result in some critical problems to the voluntarily marrying couples and muslim community . this ordinance also increased formalities for people who want to change their religion by their free will and this ordinance is also equipped with more than needed unpleasant aspects , if violated .