A lately handed ordinance in Uttar Pradesh outlawing compelled conversions by marriage, coercion or enticement is unlucky as a result of it places freedom of alternative, dignity and human rights on the again seat, former Supreme Courtroom choose Madan Lokur mentioned.
Delivering a public lecture on Sunday, Lokur mentioned that legal guidelines punishing interfaith marriages violated jurisprudence developed by the Supreme Courtroom defending freedom of alternative and human dignity.
“Giving a again seat to freedom of alternative, dignity and human rights, a stringent ordinance associated to marriage and forcible conversion has lately been handed in Uttar Pradesh…Are we as a society ready for this,” Lokur mentioned.
“What occurs to the legislation declared by the Supreme Courtroom in 2018 within the Hadiya case?” he requested, referring to the highest courtroom’s verdict recognising an grownup girl’s option to convert to Islam and marry a person of her alternative.
His feedback got here days after Uttar Pradesh promulgated the UP Prohibition of Illegal Non secular Conversion Ordinance-2020 that outlawed spiritual conversions by marriage, coercion, deceit or enticement, and prescribed as much as 10 years imprisonment for these discovered responsible. The legislation features a provision to void a wedding whether it is solemnised primarily to transform a lady’s religion. The burden of proof is on the one who transformed, and people who carried out the conversion.
The previous choose, delivering the Sunil Memorial Lecture, recalled that in 2018, an analogous legislation was launched by Uttarakhand legislature, known as the Freedom of Faith Act, the place marriages carried out with the only real function of spiritual conversion have been declared null and void.
“The aim of those legal guidelines is to ban what is often referred to as ‘love jihad’ which has no clear definition…The rigorously drafted dignity jurisdiction assiduously developed over time by the Supreme Courtroom is slowly being given an undignified cremation of the Hathras sort and may attain a degree of no return in that case known as anti-love jihad legal guidelines are handed or prolonged to different communities,” he mentioned, referring to the compelled cremation of a Dalit girl, a rape sufferer, by native authorities in Uttar Pradesh’s Hathras district final month.