Karnataka High Court Ruling against “Love Jihad” Measure
NEW DELHI, Dec 5: A ruling by the Karnataka High Court on Friday may impact the measures being contemplated by many BJP-ruled states commonly known as “love jihad” aimed at preventing religious conversions for the purpose of marriage.
A division bench comprising justices S Sujatha and Sachin Shankar Magadum allowed a petition challenging the authority of the parents of a Hindu girl refusing to accept her marriage with a Muslim boy, both working together in a software company. “It is well settled that a right of any major individual to marry the person of his/her choice is a fundamental right enshrined in the Constitution of India and the said liberty relating to the personal relationships of two individuals cannot be encroached by anybody irrespective of caste or religion.”
The statement was made in connection by the court in connection with a habeas corpus plea filed by one Wajeed, a Bangalore-based software engineer. He had moved the court with a plea for releasing Ramya – another software engineer – by her parents against her will. Wajeed alleged that Ramya’s parents were against the marriage between the two which is set to happen soon.
According to some local media reports, Ramya had told the court that she was staying at Mahila Dakshatha Samithi in Vidyaranyapura after she had filed a complaint alleging the infringement of her right to liberty caused by her parents with respect to her marriage with Wajeed. “She also submitted to the court that she has decided to marry the petitioner, who is her colleague, but that her parents had not consented to the marriage,” adds the report.
While Uttar Pradesh has already promulgated an Ordinance, several other BJP-ruled states including Madhya Pradesh, Haryana and Karnataka are said to be mulling with the idea of enacting measures to prevent ‘love jihad’ – a “conspiracy theory” by some saffron parties that claim Muslim men marry Hindu women to convert the latter to Islam. The UP ordinance has made it a cognizable offence attracting jail term up to 10 years if any Muslim boy attempted to marry a Hindu girl and forced her to convert to Islam.
Enabling the two to follow their desires, the Karnataka High Court said Ramya was capable of making her own decisions, and ordered that she be released from Mahila Dakshatha Samithi immediately.
(Manas Dasgupta)
