- UP’s law is an onslaught on liberty guaranteed by constitution
For bigots of every religion LOVE has always been a taboo a bane. Confining themselves to their own makeshift world they even don’t allow others to open their windows to get fresh air. This is true to Muslim bigots in Pakistan and in India of Hindutva also who to their golden luck are the ruling class in India and are trying their best to convert India into a nation of their regressive and exclusive ideology which is in contrast to most progressive, wide hearted and inclusive constitution which our forefathers gave us after independence ensuring many rights and liberty . Laws against religious conversion and love marriages passed by BJP lead governments are steps in this direction. When our constitution gives liberty to every citizen to adopt any religion of his/her choice what locus standi do the governments have to make law against this. To suggest that a mature individual was lured or threatened to convert is a silly lame excuse but the BJP governments have made their entire edifice on this ground. Similarly every mature individual boy or girl have a right to choose their life partner. No one including their parents have a right to come in their way and negate their choice. This is the constitutional position which the courts have upheld while pronouncing judgements in many cases but negating constitutional provisions spirit of constitutions and court judgements BJP government of Uttar Pradesh lead by Yogi Adityanath had made a law against this and many BJP lead state governments have shown their inclination to formulate the law against such marriages terming them as “Love Jihad ”.Interestingly the union home ministry in a written reply had informed the Lok Sabha that it has not any record of Love Jihad cases and that this term do not exist in statute book. In a country which has been much more progressive than even America in empowering women which has choosen a woman as its prime minister, laws snatching their right of choosing their own life partner is not only regressive but anti women also. They want to apply the medieval system where a woman doesn’t have her own individual identity at any stage of her life. As a daughter her father is her protector after marriage this responsibility goes to her husband and at old age it is her son who is her protector. In a country where its Supreme Court recognizes live in relationship and allows even married women to seek solace in the arms of any man of her choice such regressive medieval laws must have no place. But the main motive of RSS has always been not only to be proud on our past but even to bring back the nation to that old past also. Such laws enacted by the governments of its political wing the BJP are just in accordance to the ideology of RSS.
The law cleared by UP cabinet and ordinance issued by governor immediately without even seeking legal opinion even after the judgement of Allahabad High Court approving such marriage which was delivered just few days before this ordinance.Had the law department experts not read the judgements of Supreme Court in much talked Shafin jahan and Puttaswamy case of Kerala or very recent judgment of Allahabad High Court in Salamat Ansari vs state of UP case where the bench observed that it is not seeing both boys and girls as Hindu and Muslim but as mature individuals who have every right to choose their life partner.
This law is most regressive and draconian in nature and is playing havoc with young couples intending to enter into an interfaith marriage. In Lucknow even such an “arranged marriage” was stopped by police and now both families have applied for permission from DM to solemnize the marriage of their children. In Bareli a Muslim family is being harassed by the police and boy arrested in a two year old case which was amicably settled by village head at that time. Both boy and girl are happily living their families are happy but the police has digged out the old FIR and acted hurriedly. Within a week more than half a dozen cases have been registered under this law and the Muslim boys are being harassed both by police and Hidnutva brigade. The girls concerned are crying from roof top that they have neither been allured nor threatened by her Muslim boy friend but in most of cases they are being silent by their fathers and brothers at the name of honour of their families and community.
Such regressive laws are onslaught on choice, on freedom, on privacy,on dignity,on the equality of man and woman and on the right to love and marry or live together. It is brazen to legislate on something which is very private and has constitutional approval. Such legislation negates our constitution and are threat to democracy and individual freedom enshrined in it.
The UP government ordinance has been challenged in the court and courts are expected to take them on priority basis to protect the individual’s liberty and dignity
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