In 1976 , the 42nd amendment had added the word “ Socialist, Secular and Integrity “ in our Constitution preamble. But even today it was not implemented properly and we are busy dividing people on the basis of caste and religion.
Recent controversial ordinance passed by U. P and M. P had implicitly hampered the fundamental right to religion. This ordinance constitutes that if a person is changing his/her religion by fraud, coercion is invalid and he/she has to give valid proof to the DM for his/her conversion.” Marriage “should not be considered the sole reason for conversion. Don’t know what valid means in this context.
What is love – Jihad?
In 1920 , the right wing organization have came with a theory i.e Muslim men were receiving training that how to deceive Hindu women or girls for marriage. The core purpose of this strategy is to outperform Hindus in number by producing great number of Muslim child.
Is it rationale?
In India number of inter-caste and inter religion marriage is less than 5℅ and 3℅ respectively. In 2009 , in Karnataka CID investigation held on love -jihad issue . In 2018 in Kerala NIA investigation held on same issue. Both investigation had concluded that there was on conspiracy against Hindu by Muslim. It is only love which prompts individuals for inter faith marriage . Even the government had confirmed in the Parliament there is no such conspiracy.
So, Is it valid to use the term “ Love – Jihad “ term?
Special Marriage Act 1954 ( court marriage) :-
This act had provided provision for inter faith or inter caste marriage. In this person should fulfill the basic requirements for marriage and in addition they have to issue a notice which confirms the individual should not have a living spouse or another partner.
Issue with SMA (1954) :- Notice boards have raised the eye brow of communal organizations and provide them an opportunity to threaten a couple. As this is a civil law and only deals with the consequences of marriage not with the protection of the couple.
With the intent SMA was in action had not met. As people think of it as a “Sarkari vivah “. And marriage is considered highly private in India. It’s procedure is also tedious.
What does this ordinance reflect for our society?
This law only increases communal divide. In 2018 the apex court of India had said in the Hadiya case that “ It is an individual decision with whom he/she wants to marry “ . The U. P ordinance was completely opposite to this. It undermines the right to privacy, right to life , right to freedom and right to religion.
This also implicitly said that Hindu women and girls should be in discipline and if they not the family would boycott them. This had raised the question on the rationality of women .
Even though there was enough law already put in the system to cease the mass conversion by force and stringent punishment for the accused.
Conclusion and my opinion :- Being an Indian citizen or individuals who are compatible with each other is not the reason for marriage?
SPM(1954) was the 1st step toward uniform civil code. It is the duty of Hindu, Muslim and other minorities to make a uniform civil law to reduce the convolute in the system. They should also leave their ridiculous and illogical practice or custom. Plus if couples are ready to live without changing religion then it should be accepted by all.
But this ordinance is not the solution at all. They only write hate in the law and later the country and community will pay it’s cost.