By Aaditya Kanchan
In the last few days, there has been a lot of discussion about love jihad all over the country, and many states including Uttar Pradesh and Madhya Pradesh are in talks to bring strict laws against it. In such a situation, it is very important to see what laws are present in the existing system.
If we talk about the right, then every citizen of the country has the absolute right to choose a life partner of his own choice and no religion or caste can come forward. Referring to the Allahabad High Court’s comment that ‘conversion is unacceptable only for the purpose of marriage’, Chief Minister Adityanath said that the state government was working to bring a strict law against Love Jihad.
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He also warned that those involved in ‘forced conversions’ will be sent on a journey to ‘Ram Naam Satya’. Then the High Court held that conversion for the purpose of marriage is not valid and should be considered a crime.
Existing provision: If seen, there are provisions of different religions regarding marriage in our country. The first condition in marriage to be held under the Hindu Marriage Act is that the couple is Hindu and they are eligible for marriage. According to the provision of the Special Marriage Act, boys and girls can be of any religion, they should be of the age of marriage.
When a boy of the Muslim religion wants to marry this girl under his religion and his partner is of another religion and he has to adopt Islam religion, the same thing is applicable for Hinduism also.
Matter of concern: For some people, the biggest concern is that the girls are being converted to their religion by implicating them in the trap of love and they are giving it the name of Love Jihad. But the thing to understand here is that no boy or girl can convert only for marriage. If someone is an adult and qualifies for marriage, then he has the right to marry any religious caste person of his choice or by his choice under the Special Marriage Act.
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Now the question arises that when the constitutional court has already given such a system that conversion cannot be done only by getting married, then what is the imperative of the new law going on this issue. Even the Supreme Court has recognized a live-in relationship.
New Law: Recently, Allahabad High Court stated in the case of Salman Ansari vs State of UP that two people have the right to choose their partner and if it is not done then it will be a violation of human rights and their fundamental rights. If people of two different religions have to marry, then they can marry without changing their religion under the Special Marriage Act. In such a situation, the state governments will have to look at all aspects before bringing a law against Love Jihad.