The truth that the regulation places the onus on the married couple to show that the aim of conversion, if this came about, wasn’t marriage—else, the wedding could be declared null and void—is fairly draconian. Picture: IEThe Uttar Pradesh authorities has introduced an ordinance to cease ‘pressured’ conversions, together with conversion due to marriage, towards the backdrop of a division bench of the Allahabad Excessive Court docket having overturned two single-judge orders that made conversion solely for the aim of marriage unlawful. The regulation’s defenders (mainly from the BJP) declare that this can cease ‘love jihad’—an alleged technique of utilizing interfaith marriages to advertise conversions. The provisions of the brand new regulation, although, additionally criminalise mass conversions in a state that has a major SC inhabitants, the place many Dalits have transformed up to now to, amongst different religions, Buddhism.
The Allahabad HC had termed the one bench order ‘not good in regulation’ and had insisted interfaith marriages are a matter of free will and selection. Many authorized specialists additionally imagine the regulation received’t stand the check of constitutionality, particularly when weighed towards the provisions Article 21. That aside, the issue is that such a broad-sweep regulation is susceptible to misuse. The truth that the regulation places the onus on the married couple to show that the aim of conversion, if this came about, wasn’t marriage—else, the wedding could be declared null and void—is fairly draconian.
Not solely does this herald arbitrariness—what can be acceptable as proof, what extent of ‘proof’ could be deemed sufficient?—it additionally vitiates towards the ideas of private liberty. The regulation additionally requires interfaith {couples} to hunt permission from the district administration two months earlier than the marriage; even the Particular Marriage Act (SMA) doesn’t have such a protracted notification interval. Notification intervals, as has been the case with the SMA, are sometimes used to tell household and neighborhood members, who then pressurise {couples} to separate.
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source https://www.mcxfree.tips/ups-ordinance-towards-so-called-love-jihad-is-susceptible-to-misuse-can-change-into-a-software-of-harassment/
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November 26, 2020 at 08:18AM
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