On November 24, the Uttar Pradesh government cleared the pending legislation on the unlawful religious conversions also referred to as ‘love jihad’. The law is against inter-faith marriages which are done with the sole intention of changing the girl’s religion. As per this law, the guilty will be sentenced to jail for up to 10 years and the marriage will be declared ‘null & void’.

As per a government statement released with regards to this matter, the people who are found violating this law shall be sentenced to 10 years of jail. In case, the conversion was done through cheating or atrocity, and forcibly, the term would be ‘non-bailable’.

Sidharth Nath Singh, the UP-cabinet minister and government spokesperson described this as a ‘big decision’ taken by the state government as it was necessary to ensure law and order in UP. He also added that it was important

to ensure women’s safety as over 100 cases have come to notice where such unlawful conversions were done to change the girl’s religion forcibly. Singh also shared that as per the law, the guilty would be sentenceded to 1-5 years of jail alongwith a minimum fine amount of Rs. 15,000, and in case the girl belongs to the Scheduled Caste or Scheduled Tribe, the fine amount increases to Rs. 25,000 alongwith a jail term of 5-10 years. Similarly, if a ‘mass conversion’ is carried out, the guilty will have to pay a minimum fine amount of Rs. 50,000 and would be sentenced to jail for 3-10 years.

However, if someone wishes to change their religion willingly after marriage, he/she will have to apply to the district magistrate 2 months in advance and can do so after being permitted.

The UP-state law commission had submitted a report and a draft for ‘Uttar Pradesh Freedom of Religion Act, 2019’ to the UP Chief Minister, Yogi Adityanath suggesting him to declare a marriage null and void in case of unlawful religious conversions taking place in the name of marriage.

The ‘Uttar Pradesh Vidhi Virudh Dharma Samparivartan Pratishedh Adyadesh 2020’ was introduced faster than expected after the CM recently declared that the people supporting ‘love-jihad’ should mend their ways or face consequences, at a public meeting in Jaunpur. Apart from this, Haryana and Madhya Pradesh are also set to introduce similar laws to check such unlawful religious conversions or love-jihad.

However, several opposition parties had recently termed this decision as an ‘encroachment of personal liberty’ which is being done solely to create division and communal conflict among the people of this country, which was also reflected in the latest judgement by the Allahabad high court.

While allowing the writ petition by Salamat Ansari and Priyanka Kharwar alias Alia of Kushinagar, the judges cited Article 21 of the Constitution that deals with personal liberty.

“To disregard the choice of a person who is of the age of majority would not only be antithetic to the freedom of choice of a grown-up individual but would also be a threat to the concept of unity in diversity,” the Allahabad high court bench added.

“We do not see Priyanka Kharwar and Salamat as Hindu and Muslim, rather as two grown-up individuals who out of their own free will and choice are living together peacefully and happily for over a year,” the court said.

“The courts and the constitutional courts, in particular, are enjoined to uphold the life and liberty of an individual guaranteed under Article 21 of the Constitution of India,” the ruling said.  Through the latest judgement, the high court cleared the air that there is difference between forceful conversions and couples of interfaith marriage living peacefully.