Issue of Interfaith Marriages And Laws In India

Issue of Interfaith Marriages And Laws In India

A controversial new anti-conversion law that criminalises interfaith love has put Hindu-Muslim couples on edge. The Uttar Pradesh government has cleared an ordinance that enables the state to police and punish inter-faith marriages with “the sole intention of changing a girl’s religion”.

Prohibition of Unlawful Conversion of Religious Ordinance, 2020

The Uttar Pradesh Prohibition of Unlawful Conversion of Religion Ordinance, 2020 was promulgated on November 27, 2020. The Ordinance specifies the procedure for undergoing religious conversion and prohibits unlawful religious conversion.

Law prohibits conversion from one religion to another by “misrepresentation, force, fraud, undue influence, coercion, allurement or marriage”. Marriage will be declared “shunya” (null and void) if the “sole intention” was to “change a girl’s religion”

The persons forced the girl to change religious conversion may face jail term of up to 10 years if the girl is minor, a woman from the Scheduled Caste or Scheduled Tribe, if the person involved religious conversion on a mass scale. For the rest of the cases, the jail term ranges from 1 to 5 years.

The law also provides for the way to conversion. The person willing to convert to other religion would have to give it in writing to the District Magistrate at least two months in advance.

Special Marriage Act

The Special Marriage Act, 1954 is an Act of the Parliament of India with provision for civil marriage for people of India and all Indian nationals in foreign countries, irrespective of the religion or faith followed by either party.

The Act originated from a piece of legislation proposed during the late 19th century. Marriages solemnized under Special Marriage Act are not governed by personal laws.

The Special Marriage Act, 1954 replaced the old Act III, 1872. The new enactment had three major objectives:

• To provide a special form of marriage in certain cases,
• To provide for registration of certain marriages and,
• To provide for divorce.

Importance of the ordinance drafted by Uttar Pradesh

In the past few months, cases of alleged “love jihad” have been reported from different parts of the state, especially eastern and central UP.

In a case that triggered the decision, a group of parents from a particular locality in Kanpur had met senior police officials with a complaint that their daughters are being allegedly trapped by Muslim men and are now seeking their help to free themselves.

In some cases though, girls refused to accept that they were lured into marriage.

On what grounds does the law bar conversion?

• Misrepresentation
• Force- show or threat of force or threat of injury to person converted or any other person or property
• Undue influence- unconscientious use by on person of his power or influence over another in order to persuade the other to act in accordance with the will of the person exercising such influence
• Coercion- compelling an individual to act by use of psychological pressure or physical force causing bodily injury or threat thereof
• Allurement- refers to graft, gratification, easy money, material benefit in cash or kind; employment, free education, better lifestyle, divine displeasure or otherwise
• Any other fraudulent means defined as impersonation of any kind
• By marriage

What is the lawful conversion process?

It is a two-step process-

1. Person desiring to convert fills a form giving 60-day notice to district magistrate saying he is doing it without any force, coercion etc.
2. Religious converter will file a form giving 30-day notice to DM of district where ceremony is to be performed.

• District Magistrate will enquire into real intention, purpose or cause of proposed conversion.