India’s ‘love jihad’ law quashes freedoms of women, critics say


A law introduced in Uttar Pradesh, India that criminalises forced religious conversion, including by way of interfaith marriages, is deplored by critics who said it is used to control women and stop them from freely choosing who to marry.

Already, men have been arrested and women forced into shelters under the anti-conversion law, which imposes prison terms for anyone convicted of compelling others to change their faith or luring them to do so through marriage.

The legislation followed a campaign by hardline Hindu groups against interfaith marriages that they call “love jihad” – Muslim men engaging in a conspiracy to turn Hindu women away from their religion by seducing them.

Officials in Uttar Pradesh, which is the country’s most populous state, have said the law will help prevent fraudulent religious conversions and aims to protect young women.

Uttarakhand and Madhya Pradesh states have implemented varying versions of anti-conversion laws with at least three other states planning to bring in similar legislation.

But critics say the measures – besides being directed at the country’s Muslim minority – are paternalistic and assume women need protection at the cost of their right to make reasoned decisions about changing faith or choosing a romantic partner.

“Adult women are infantilised, placed under parental and community control, and denied the right to take life decisions,” wrote writer and editor Insiyah Vahanvaty in The Indian Express last month.

Uttar Pradesh’s women and child department did not respond to questions about the law’s potential impact on women’s rights.

Meanwhile, support groups for interfaith couples in Delhi and Uttar Pradesh have reported a spike in the number of calls for help to navigate the new obstacles to marriage.

Demonstrators protesting “against the lies of love jihad” have held marches this month, holding up posters depicting pioneering figures in India’s women’s rights movement such as Savitribai Phule and Fatima Sheikh.

“They are not considering women as adults. They are allowed to vote, choose their government, but cannot choose their life partner,” said Akanksha Sharma, joint secretary at non-profit Dhanak, which works with interfaith couples.

Interfaith couples in India can marry under a 1954 law, which does not require them to convert to the same faith but obliges them to give one-month’s notice – during which time objections to the union are invited by the marriage registrar.

In some states including Uttar Pradesh, marriage registrar offices also send notices to the addresses given in the couple’s identity documents, which is often their parents’ address.

Since many face parental resistance, social ostracism and in extreme cases violence, many interfaith couples opt to wed under alternative marriage laws, lawyers said.

“They convert to another faith to register quickly under say Hindu or Muslim marriage acts,” said Flavia Agnes, activist and founder of Majlis Legal Centre in Mumbai.

That way, notices about their marriage plans do not reach their families, said Renu Mishra, executive director of women’s rights non-profit Association for Advocacy and Legal Initiative in Lucknow.

But the new anti-conversion law scuttles that workaround – requiring couples to give two months’ notice to the district magistrate before they can convert.

Mishra said it marked a setback for women’s rights in the country of 1.3 billion, where rising numbers of women are studying, pursuing careers, moving cities for work and living alone. (Source: Thomson Reuters Foundation)