‘Love jihad’ bill in Madhya Pradesh: Here is what we know so far

The Madhya Pradesh government said on November 17 it would introduce a bill in the Legislative Assembly against ‘love jihad’, tightening the law and proposing five years of rigorous imprisonment for violators.

The government, Madhya Pradesh’s Home Minister Narottam Mishra said, would also make the charge a non-bailable offense.

The term “love jihad” has been used by right-wing groups opposing what they say is "forced" inter-faith marriage. It is frequently used by Hindutva organisations to allege a conspiracy by Muslim men to marry women from other religions mainly to convert them to Islam.

The Union Home Ministry informed the Lok Sabha in February that there was no definition for the term under the current laws in India.

“Article 25 of the Constitution provides for the freedom to profess, practice and propagate religion subject to public order, morality and health. Various courts have upheld this view including the Kerala High Court. The term ‘Love Jihad’ is not defined under the extant laws. No such case of ‘Love Jihad’ has been reported by any of the central agencies. However, two cases from Kerala involving inter-faith marriages have been investigated by the National Investigation Agency (NIA),” the home ministry said, while responding to a question on whether the Centre was “aware of the observation of Kerala High Court that there is no case of love jihad in Kerala”. The question was asked with regards to the Hadiya case.

Here’s what we know about Madhya Pradesh's proposed legislation so far:

> The bill would have a provision for five years rigorous imprisonment for violators.

> The charge will be cognizable and non-bailable.

> The District Collector would have to be notified a month before an inter-faith marriage is formalised.

More details of the Bill are likely to be clear when it is tabled in the assembly.

Critics have pointed out that the concept of “love jihad” has no legal or constitutional basis. In an opinion piece published in The Indian Express, Supreme Court advocate MR Shamshad said that the concept had been “concocted for the last few years”.

“The right to marry a person of one’s choice is a guarantee under Article 21. At the same time, freedom of conscience, the practice and propagation of a religion of one’s choice, including not following any religion, are guaranteed under Article 25. One set of rights cannot invalidate the other,” Shamshad argued.

Multiple states – especially those governed by the Bharatiya Janata Party (BJP) – are reportedly weighing such a law.

Haryana Home Minister Anil Vij also announced on November 17 that a committee will be setup to draft a "strict" law against "love jihad". Vij also said that Haryana will study laws made by other states in this regard.

He said that "with the enactment of this law, strict action will be taken against any person who is found indulging in religious conversion by pressuring, tempting someone or is involved in any kind of conspiracy or tries to do so in the name of love".

It was reported earlier that Assam and Uttar Pradesh were also mulling such a law. Karnataka Chief Minister BS Yediyurappa had also suggested that his government would take measures to end religious conversions in the name of “love jihad”.

In 2019, the Himachal Pradesh Assembly had passed a bill against conversion by force, inducement or through marriages solemnised for the "sole purpose" of adopting a new religion.

In October, National Commission for Women (NCW) Chairperson Rekha Sharma had courted controversy after the panel announced she had met Maharashtra Governor Bhagat Singh Koshyari and discussed “rise in love jihad cases” and women's safety in the state.