News By/Courtesy: Parimala Ronanki | 01 Apr 2021 11:59am IST

HIGHLIGHTS

  • cessation to love jihad
  • snag of special marriage act.
  • veto of religious conversion.

Recently Haryana’s home minister Anil Vij said in the Haryana assembly that to stop love jihad in Haryana he specially asked by studying Himachal Pradesh laws we will Mullen the laws against love jihad. The main reason for making these type of laws recently in Haryana in Faridabad there was a case happened that is a girl name Nikita Tomar who is a 20-year-old woman she was shot by men. That person who shot was a Muslim their problem of conversion makes again in search and news. Many people started asking or started raising the question of love jihad again. In this response, the government started saying mainly the Haryana government that they will make such a law in which forced religious conversions cannot take place. If you are willing to change your religion, then there is no ban or restriction imposed on you. But if it's involuntary or forced conversations then there is a ban or restriction on them. So, it states that regulating religious conversions punishes individuals who fraudulently force or induces someone to convert their religion or prevents them from pursuing any other religion mainly to get them married. This type of law was brought forward by the Himachal government last year. Till today this type of law is implemented by 8 states those states are Arunachal Pradesh, Odisha, Madhya Pradesh, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Uttarakhand, and now Uttar Pradesh is also gonna be added to this list soon. Marriage laws in India In India, there are many types of marriage laws available like if you are married and both of them are Hindus then the marriage gets registered under the Hindu marriage act. And same for Muslims for them under the Muslim personal law, 1937 they can get registered, and according to that they are governed. And under the Indian Christianity marriage act, 1872 the Christianity marriage is registered. And same for Parsi they get registered under the Parsi Marriage and divorce act of 1936. All these marriage acts are based on religion. But in the special marriage act, anyone can get married irrespective of their religion. If any two people of different religions want to get married, they have two options one is either a special marriage act or converting to another religion. Historical background The special marriage act was enacted to enable couples from different religions to get married, who preferred a civil wedding. But in this act, there are two difficult features present it one is public notice should be given in prior and objections being called. So here the people who are intending to get married should give a notice to the marriage officer of the district in which one of them has to be resided for at least 30 days. Then this notice will be entered in the marriage notice book and a copy is displayed in the office. if one of them is not a permanent resident then the office will send a copy where they are permanent residents. This notice is even should be displayed on the notice board of the office. Any person can object to the marriage within 30 days on the ground that it is not a valid marriage. regarding the objection, the officer inquires and gives a decision in 30 days. If rejected, they can appeal to the district court and the court will give the final hearing. The main drawbacks of this SMA are there comes to a question for safety and privacy. All these have come into search because Allahabad high court stated that religious conversion just because of marriage is unacceptable. In this, the case was there was a couple of different religions they got married under SMA but to save from all the problems one person got converted and both got married and then they said they want security then Allahabad high court dismissed their plea and gave a judgment saying that conversion of religion should be based on the change of heart but not on the purpose of marriage. even this topic was in hot search even in Kerala because there also the registration department which was present discontinued the practice of uploading marriage notices on the website. Because when they are being uploaded, they are used for the wrong purpose mainly for communal propaganda. The Himachal Pradesh law. It has already in 2007 has implemented a law stating that prohibition of conversion from one religion to another either by force or fraud. Again, a new bill has been passed in 2019 that is freedom of religion bill,2019. This is similar to the Uttarakhand freedom of religion act,2018. In this law, it is said that no one can convert or attempt to convert another person by force, inducement, or by marriage. if any marriage is done solely on religious conversion then it is considered to be null and void. In this law, all offences are cognizable and nonbailable. His punishment may be fine or jail (1-5 years) or both. And if it is a minor girl or a girl from Sc/St minor then it may be even 7 years. What if anyone wants to convert under this law in Himachal Pradesh then they have to firstly, a person who wants to change their religion has to go to court and give a 30 days’ notice to the district magistrate saying that he is willing to convert his religion. So, after this 30 days conversion period the district magistrate either will grant a permit or puts restrictions on conversion. Both powers are in the hands of district magistrates or administrative authorities but mainly in these situations through the administrative authority many interference's were seen.

 

This Article Does Not Intend To Hurt The Sentiments Of Any Individual Community, Sect, Or Religion Etcetera. This Article Is Based Purely On The Authors Personal Views And Opinions In The Exercise Of The Fundamental Right Guaranteed Under Article 19(1)(A) And Other Related Laws Being Force In India, For The Time Being. Further, despite all efforts that have been made to ensure the accuracy and correctness of the information published, 5thVoice.News shall not be responsible for any errors caused due to human error or otherwise.

Section Editor: 5thVoice.News | 01 Apr 2021 23:47pm IST


Tags : # new rights # new laws # right for conversion #anti-conversion laws.

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