In The First Intervention Since Its Enactment, Allahabad HC Stops Arrest Under Love Jihad Law
The Allahabad High Court has directed the Uttar Pradesh Police not to take any coercive action against a man booked under the controversial Prohibition of Unlawful Conversion of Religion Ordinance in the state.
The high court, which was hearing a plea by a man identified as Nadeem against whom an FIR was lodged at Mansoorpur police station in Muzaffarnagar under the 'Love jihad law' noted that "There is no material before us that any force or coercive process is being adopted by the petitioner to convert the wife of the informant."
According to the FIR, filed by one Akshay Kumar, Nadeem was attempting to persuade his wife to change her religion so that he can marry her.?
Nadeem who rejected the allegation rubbished the claims and said the complainant was making it up to avoid paying some money he owed to the accused.
The accused had approached the court with a plea to quash the FIR lodged against him under sections 504, 506, and 120 B of the IPC and section 3/5 of the Prohibition of Unlawful Conversion of Religion Ordinance, 2020.
"The victim (wife of complainant) is admittedly an adult who understands her well being. She as well as the petitioner have a fundamental right to privacy and being grown up adults who are aware of the consequences of their alleged relationship," the division bench comprising Justice Pankaj Naqvi and Justice Vivek Agarwal said.
Law came into effect last month
This is the first time, the courts have intervened in the contentious law that came into effect last month.
Though the government claims that the aim of the law is to prevent religious conversions for the sake of marriage and marriages under false information, many have expressed fear that it will be used to target Muslims.
In a related development, the bench of Chief Justice of Allahabad HC, Justice Govind Mathur and Justice Piyush Agrawal on Friday sought the response of the Uttar Pradesh government on a petition challenging the law.
The PIL was filed by advocate Saurabh Kumar, who challenged the constitutional validity of the ordinance against "forcible" and "fraudulent" religious conversions, including for the sake of marriage.
Contentious law
According to the petition, Chief Minister Yogi Adityanath had announced on October 31 that his dispensation would bring a law against "love jihad". The state government had on November 24 approved the draft ordinance, which provided for a jail term of up to 10 years for violators.
The primary contention raised in the PIL was that the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Ordinance impinges upon the fundamental right to choice and the right to change of faith.
During the hearing, the high court refused to grant any interim relief and directed the state government to file a counter affidavit by January 4.
