Author: Avinash Pandey, IILM University
Linkedin Profile: https://www.linkedin.com/in/avinash-pandey-b16258326?utm_source=share&utm_campaign=share_via&utm_content=profile&utm_medium=android_app
To The Point
Women, especially youthful girls, are being victimized across the country. numerous women take media reports on violence against women as a double attack as the media is asleep in reporting on women-affiliated issues. Their prints, particular details and names are made public, violating the sequestration of the victims. Serious analysis of the incidents is lacking as the media reports violence against women in a veritably sensational and exploitative manner simply to vend news. The part of media in violence against women is pivotal in terms of how they cover the issue and what they actually report. Sensational reporting of women is n’t limited to cases of violence against women, media also reports on”inter-religious marriages” in a largely reckless manner.
Abstract
” Love Jihad” is a thesis chased by Hindutva followers and religionists that has established preconceived sundries regarding Muslims who exercise Islam that are n’t predicated in reason or real experience. Love Jihad is the perception of a new community of religionists against Islam and religionists of another religion. Followers of this religion, Hindutva, feel that Muslim religionists are pressing Hindu women into converting by marrying them, having affairs with them, or by faking conversion to Islam. The history of Love Jihad is reported back to the partition of India and Pakistan. The term Jihad primarily signifies struggle or difficulty and encompasses a meaning that extends beyond the concept of holy war. Muslims often apply the term Jihad to various forms of struggles encountered in daily life. It represents the internal struggle of a believer to adhere to the Islamic faith to the greatest extent possible. It pertains to the effort to improve oneself. atmost scholars and activists view this as anti-Islamic law. This composition is going to bandy the problems and challenges of pertaining to the Muslim community after the law was fairly legislated. This composition will bandy and present the Muslim community. Specifically, this exploration indicates that mortal rights are as pivotal as a particular choice to marry. Problems pertaining to Love Jihad cases as well. This exploration will be grounded on how Love Jihad is n’t universal to all marriage transformations, the challenges faced by Muslims and if this is an issue for converting the nation. Were there any real cases that involved transformations or is the law basically only targeting a community? The paper goes over the law and discusses the base and 4,444 aspects that form a crime against the Muslim community
What is Love Jihad?
What is Love Jihad? Former National Commission for Women (NCW) chairperson Lalitha Kumara Mangalam said it was an inconsequential issue being covered by the media, saying, “It’s just a media hype… If (the media) stop writing about it, people will also stop talking about it .” Love Jihad, as defined in media terms, is a movement that seeks to convert ‘vulnerable’ Hindu girls to Islam in order to empower the Hindu population or to reduce or increase the number of Muslims in the country.
Origin Of Love Jihad
According to notable social activist Harsh Mandal, in 2006, Babu Bajrangi, a suspect linked to the Gujarat screams, introduced the term” love jihad”. Harsh Mandal countries that” as beforehand as the 1920s, the association has depicted Muslim men as licentious sexual bloodsuckers, claiming that multitudinous Muslim boys sexually assault Hindu girls.
Through the use of original media and original channels, the conception of’ love jihad’ gained traction in the public sphere in southern countries similar as Kerala and Karnataka in 2009. In Karnataka, the term was first used in private to denounce love marriages; still, the Supreme Court has put a stop to the’ love jihad’ disquisition initiated by the Sriya Raj case. The state government told the court that” there are no cases of love jihad” and that an exploration would be launched once a case is reported. No specific cases There is validation that” Love Jihad” is active in the state. It has called Love Jihad a” campaign without substance” and rather initiated legal proceedings against the website hindujagruti.org for” spreading religious abomination and false propaganda”. In Uttar Pradesh, police set up” Love Jihad” cases in five out of six reported cases. There is no validation of tried or constrained religious conversion. In 2013, NDTV in Meerut looked at police data on rape cases in Meerut quarter from January to August 20014 and set up 37 rape cases. In only seven cases was the defendant a relative? nonage community. In all other cases, the criminated belong to the maturity community. The report set up that immature women at Meerut University, the municipality’s oldest, said they had noway heard of Love Jihad and responded to the question with recreation and surprise. Media as a tool to violate women’s rights a tale of two cases Under the Indian Constitution, freedom of media is part of the freedoms guaranteed under Composition 19( 1)( a)- freedom of expression. still, no freedom is absolute and may be subject to reasonable restrictions.
1. Kerala Hadiya Case
In 2017, the Kerala High Court ruled that a marriage between a Hindu woman and a Muslim man was invalid on the grounds of” love jihad”. The Supreme Court annulled the marriage and ordered the police to probe similar cases. In an appeal, the Supreme Court held that a father can not control a 25- time-old woman. The Supreme Court bench dismissed the part of so- called” love jihad” in the case, describing it only as” sloganeering”. March 2018, 10 months after the Kerala High Court annulled the marriage, the Supreme Court restored Hadiya’s marriage.
2. Muzaffarnagar fake” love jihad” case 2013
Dominant reports circulated by original Hindi journals about the mob violence that erupted after a Muslim boy stalked a Jat Hindu girl in Muzaffarnagar in 2013 sparked public outrage and retaliatory violence. With the help of unverified and unwarranted reports published by Hindi journals similar as Dainik Jagran and Amar Ujala, the story has come a megalomania of love jihad.
It does not count not at each that this story of sexual importunity of a Hindu girl in Muzaffarnagar turned out to be fake. original reports from the family of the boggled Jat boy made no citation of stalking, only a motorcycle accident involving Shahnawaz and Sachin. Sachin’s family told NDTV that she had noway been to Kawal and did n’t know Shahnawaz.
HOW LOVE JIHAD IS A PROBLEM?
According to numerous scholars, the term” Love Jihad” is nothing further than a conspiracy or proposition. numerous politicians have used the term in interviews, in the media, election rallies etc. The term Love Jihad distinguishes between two communities or religious followers of one country i.e. India. The main purpose of the term is to prove that Hindus are in peril or that Hindu women are targets for conversion.
This language and proposition creates obstacles and problems for couples who wish to marry of their own volition in entering intointer-religious marriages. In the new India, this generation believes in denomination and that citizens should be treated inversely by all state and central authorities in the country. The 42nd Amendment of the Indian Constitution, legislated in 1976, asserts in the Preamble that India is a nation that upholds faith in denotation. The collaboration between religion and the state is n’t explicitly defined in the Indian Constitution or any affiliated legislation. Following a statement made by Rajasthan Chief Minister Ashok Gehlot, which claimed that’ Love Jihad’ is a term employed by the Bharatiya Janata Party to inseminate fear and disrupt societal harmony, Minister Gajendra Singh Shekhwat responded sprucely. The Uttar Pradesh government latterly introduced legislation proscribing the illegal conversion of persuasions( Constitution 2020). Although regionalism has mushroomed, social smirch and demarcation persist within Indian society.
likewise, through the preface of the ModelInter-religious Marriage Bill, certain rights of individualities have been explicitly elided, including
• The right to liberty.
• Specific freedoms.
• The right to life.
The regulations pertain to Love Jihad, yet the term is n’t easily defined within the legislation. The primary concern regarding this bill is that while the term Love Jihad is mentioned, it is n’t adequately explained. nonetheless, this legislation functions as ananti-religious conversion law. Eventually, the law does n’t explicitly source any particular religion, but the term Love Jihad generally implicates the Muslim community. The challenges faced by couples pursuinginter-religious marriages can be epitomized as follows Marriages are frequently perceived as being constrained or challenging conversion. Under Muslim particular law, conversion is a prerequisite for marrying a Muslim religionist. – Muslims are needed to convert. The Special Marriages Act of 1954 does n’t align with the societal backwardness. There’s considerable debate girding the indigenous validity of Composition 226 concerning the dissolution ofinter-religious marriages by the courts. The Special Marriages Act is a specific legal frame that outlines particular forms of marriage. Two mates who wish to retain their separate persuasions must suffer a enrollment process. This Act applies to Hindus and Muslims. Pride must be 18 times at the time of marriage.
Neither party should be married or have a surviving mate at the time. Both parties should be of sound internal health. At the time of marriage they should be a sound mind. The issue also with the constitution blazoned by the Uttar Pradesh Government is that it’s like an encroachment on the Act. An existent’s decision to marry violates the following indigenous rights Right to liberty and particular independence, freedom of religion, and right to life. Composition 21 of the Indian Constitution provides that no person shall be confined in his particular liberty and right to choose to profess or adopt any religion he wishes. This leads to Article 25 guaranteeing freedom of heart to citizens to adopt any religion they wish and the propagation of religion to every citizen of India. That is why similarinter-religious marriages are allowed in India. Love Jihad makes it impossible for couples to follow their choice and makes marriage with another religion look shocking. This interface should be accepted in the region, including mates and the Special Marriage Act of propositions analogous as Love Jihad misuse the rights of couples by portraying conversion to marriage in a false manner. A Mumbai- predicated NGO has filed a PIL case in the Supreme Court challenging the constitutionality of the Love Jihad law on religious conversion enacted by the Uttar Pradesh government. The PIL states that the vittles of the impugned laws are restrictive. They empower the state to dock the particular liberty of the couple and violate Composition 21 of the Constitution of India. The supplication also stated that the law violates the right to insulation as the couple has to go before a quarter judge to get blessing for conversion and also that the law is unconstitutional as it controls a person’s life without lettingThe solicitation also cited judgments in cases similar as KS Rutta Swamy V Union of India and Shafin Jahan v/ s Asshokan KM. numerous attorneys and organisations have challenged the validity of these laws in the history. The Supreme Court of India has maintained that this regulation violates the introductory structure of the Constitution. Civic couples openly bandy their desire to marry and choose their life mates. But such a bill would force people to go through the process of marriage. The bill provides for a captivity judgment of 3 to 10 years. However, a forfeiture of 500, 000 rupees will be levied, If set up shamefaced. With this provision, the proposition of love jihad asserted by Muslims seems to be unprovable and challenged.
Conclusion
The debate surrounding “Love Jihad” remains a deeply polarizing issue in contemporary society, often entangled with religion, identity, and politics. While concerns over individual autonomy, consent, and cultural preservation are valid, it is equally important to uphold constitutional rights, personal freedoms, and interfaith harmony. Instead of framing relationships through a lens of fear and suspicion, the focus should be on education, awareness, and respectful dialogue. Ultimately, love, in its truest form, transcends boundaries, and any narrative that sows division must be approached with critical thinking, empathy, and a commitment to justice.
FAQS
1. What is Love Jihad?
“Love Jihad” is a controversial term used by some groups to describe an alleged campaign by Muslim men to convert non-Muslim women to Islam through romantic relationships or marriage. The concept has been widely debated and criticized, with several investigations and courts in India finding no evidence to support the claim of a coordinated conspiracy.
2. Is there any legal basis for Love Jihad in India?
There is no legal definition or recognition of “Love Jihad” under Indian law. However, some Indian states have enacted laws regulating interfaith marriages and conversions, often requiring prior notice or official scrutiny to prevent what they term “unlawful conversions.” Critics argue these laws may be misused and could infringe upon personal freedoms.
3. What have courts said about Love Jihad?
Indian courts, including the Kerala High Court and the National Investigation Agency (NIA), have investigated alleged cases of Love Jihad and have generally found no evidence of a systematic or organized effort. Courts have upheld the right of consenting adults to marry and convert freely, emphasizing individual autonomy.
4. Why is the term Love Jihad controversial?
The term is controversial because it is often seen as a communal and politically charged narrative that targets interfaith relationships, particularly between Muslim men and women of other religions. Human rights groups, secular activists, and many legal experts argue that it stigmatizes legitimate relationships and promotes religious intolerance.
