Love jihad - Revision history

Jyoti at 18:31, 6 September 2022

2022-09-06T18:31:14Z

Jyoti: /* History */

2022-08-28T07:38:03Z

‎History

Jyoti: /* Legislation to prevent Love_jihad */

2021-09-06T19:42:58Z

‎Legislation to prevent Love_jihad

Jyoti: /* The Shafin Jahan case, in brief */

2021-09-06T19:14:50Z

‎The Shafin Jahan case, in brief

Pdewan: /* Preventing love jihad */

2021-08-20T00:35:27Z

‎Preventing love jihad

Jyoti: /* An overview */

2020-10-23T03:59:54Z

‎An overview

Jyoti at 03:58, 23 October 2020

2020-10-23T03:58:09Z

Jyoti: /* NIA’s 'Love Jihad' probe won’t affect legality of Hadiya’s marriage: SC */

2018-03-24T16:28:26Z

‎NIA’s 'Love Jihad' probe won’t affect legality of Hadiya’s marriage: SC

Jyoti: /* NIA’s 'Love Jihad' probe won’t affect legality of Hadiya’s marriage: SC */

2018-01-23T22:04:31Z

‎NIA’s 'Love Jihad' probe won’t affect legality of Hadiya’s marriage: SC

Jyoti: /* SC questions justification of Kerala HC annulling marriage of Hindu girl */

2018-01-23T22:02:12Z

‎SC questions justification of Kerala HC annulling marriage of Hindu girl

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 The rhetoric crystallised by the mid-2000s. “Pramod Muttalik, the leader of Ram Sene, was instrumental in coining the term ‘love jihad’ and claims it first featured in discussions in Hindutva groups from around 2005,” said Gupta. “The term is also interesting as both ‘love’ and ‘jihad’ are perceived as ‘foreign’ terms, alien to the Indian soil.” So, there is a contemporary update — an international conspiracy angle. “Masculinist anxieties are at the root of these problems — be it religion, nation or community identity,” said Tyagi.
 =Legal definition=
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 The minister, however, said two cases from Kerala involving inter-faith marriage have been probed by the National Investigation Agency (NIA).
 =The ''Shafin Jahan'' case, in brief=
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 LOVE JIHAD]]
 [[Category:Religion|L
 LOVE JIHAD]]

← Older revision		Revision as of 07:38, 28 August 2022
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	The rhetoric crystallised by the mid-2000s. “Pramod Muttalik, the leader of Ram Sene, was instrumental in coining the term ‘love jihad’ and claims it first featured in discussions in Hindutva groups from around 2005,” said Gupta. “The term is also interesting as both ‘love’ and ‘jihad’ are perceived as ‘foreign’ terms, alien to the Indian soil.” So, there is a contemporary update — an international conspiracy angle. “Masculinist anxieties are at the root of these problems — be it religion, nation or community identity,” said Tyagi.		The rhetoric crystallised by the mid-2000s. “Pramod Muttalik, the leader of Ram Sene, was instrumental in coining the term ‘love jihad’ and claims it first featured in discussions in Hindutva groups from around 2005,” said Gupta. “The term is also interesting as both ‘love’ and ‘jihad’ are perceived as ‘foreign’ terms, alien to the Indian soil.” So, there is a contemporary update — an international conspiracy angle. “Masculinist anxieties are at the root of these problems — be it religion, nation or community identity,” said Tyagi.
		+
		+	=Legal definition=
		+	==Not defined in laws==
		+	[https://timesofindia.indiatimes.com/india/love-jihad-not-defined-in-laws-no-case-govt/articleshow/73935865.cms 'Love Jihad' not defined in laws, no case reported: Government, February 4, 2020: ''The Times of India'']
		+
		+
		+	NEW DELHI: The Centre said the term 'Love Jihad' is not defined under the extant laws and no case of 'Love Jihad' has been reported by any of the central agencies.
		+
		+	Union minister of state for home G Kishan Reddy said the Article 25 of the Constitution provides for the freedom to profess, practice and propagate religion subject to public order, morality and health.
		+
		+	Various courts, including the Kerala high court, have upheld this view.
		+
		+	"The term 'Love Jihad' is not defined under the extant laws. No such case of 'Love Jihad' has been reported by any of the central agencies," he said in reply to a written question.
		+
		+	The minister, however, said two cases from Kerala involving inter-faith marriage have been probed by the National Investigation Agency (NIA).

	[[Category:Crime\|L LOVE JIHAD		[[Category:Crime\|L LOVE JIHAD

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 Hadiya accused the NIA of wrongly projecting Jahan as a terrorist. The apex court had earlier allowed her to resume her Bachelors in Homeopatic Medicine and Surgery (BMHS) at a Salem-based college.
-=Legislation to prevent Love_jihad=
+=Legislation to prevent Love jihad=
 ==2021: Gujarat HC stays 6 sections of ‘anti-love jihad’ law==
 ===Details===
 [https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL/2021/08/22&entity=Ar02210&sk=67103609&mode=text  August 22, 2021: ''The Times of India'']
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 “Prima facie interfaith marriages between two adults by operation of the provisions of the Act interferes with intricacies of marriage including right to choice of a person,” it said. TNN
 [[Category:Crime|L LOVE JIHAD

← Older revision		Revision as of 19:14, 6 September 2021
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	Hadiya accused the NIA of wrongly projecting Jahan as a terrorist. The apex court had earlier allowed her to resume her Bachelors in Homeopatic Medicine and Surgery (BMHS) at a Salem-based college.		Hadiya accused the NIA of wrongly projecting Jahan as a terrorist. The apex court had earlier allowed her to resume her Bachelors in Homeopatic Medicine and Surgery (BMHS) at a Salem-based college.
		+
		+	=Legislation to prevent Love_jihad=
		+	==2021: Gujarat HC stays 6 sections of ‘anti-love jihad’ law==
		+	===Details===
		+	[https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL/2021/08/22&entity=Ar02210&sk=67103609&mode=text August 22, 2021: ''The Times of India'']
		+
		+	The Gujarat high court has said that by a plain reading of the amendments to anti-conversion laws, popularly known as the love jihad law, it feels prima facie that any conversion following interfaith marriage would amount to an offence and such marriage itself and conversion would be deemed unlawful.
		+
		+	In the order, while staying various provisions of the Gujarat Freedom of Religion (Amendment) Act related to interfaith marriage, the division bench of chief justice Vikram Nath and justice Biren Vaishnav opined that with the June 2021 amendments, a marriage itself is presumed to be a medium for the purpose of unlawful conversion if the marriage was by way of allurement, force or by fraudulent means.
		+
		+	“Prima facie on a plain reading of Section 3 of the 2003 Act, we feel that inter-faith marriage followed by conversion would amount to an offence under the 2003 Act. Marriage itself and a consequential conversion is deemed as an unlawful conversion attracting penal provisions” the court noted.
		+
		+	It said state government’s insistence that the element of fraud, allurement or coercion should be read with the State of Objects and Reasons of the Act, but this may not be understood by the common man. On shifting the burden of proof on to the accused to establish that the marriage and later conversion had not taken place on account of any fraud, it said, “This again puts the parties validly entering into interfaith marriage in great jeopardy.”
		+
		+	“Prima facie interfaith marriages between two adults by operation of the provisions of the Act interferes with intricacies of marriage including right to choice of a person,” it said. TNN
		+
		+	[[Category:Crime\|L LOVE JIHAD
		+	LOVE JIHAD]]
		+	[[Category:India\|L LOVE JIHAD
		+	LOVE JIHAD]]
		+	[[Category:Politics\|L LOVE JIHAD
		+	LOVE JIHAD]]
		+	[[Category:Religion\|L LOVE JIHAD
		+	LOVE JIHAD]]

	= Interfaith marriages=		= Interfaith marriages=

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 However, it said Arifa and her husband were adults, and hence these guidelines would not affect their rights.
-=''Preventing'' love jihad=
+=''Preventing'' love jihad  through informers, vigilantes=
 ==Alerts by informers to HYV, VHP==
 [https://timesofindia.indiatimes.com/city/meerut/lawyers-drivers-students-waiters-kiosks-in-love-jihad-spy-network/articleshow/62514200.cms  Ishita Bhatia, January 16, 2018 ''The Times of India'']
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 "From November to December 2017, an enrolment drive was conducted in Shamli. At least 8,000 people joined the organization, but since not all of them can be given a designation, some have been given the role of informers. In fact, we have WhatsApp groups in place which have all these people. I closely monitor all of them and if any case of love jihad comes to the fore, I inform the people concerned so that we reach the spot to check the matter and seek police intervention," said Vivek Premi, Bajrang Dal head for Muzaffarnagar, Baghpat and Sardhana and also the student head of Meerut zone. Premi added that their sources were mainly waiters, kitchen staff of hotels (where couple go for dates), students and bus drivers, among others.
 =See also=

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 [https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/shared/ShowArticle.aspx?doc=TOIDEL%2F2020%2F10%2F21&entity=Ar01208&sk=22822B45&mode=text  Chandrima Banerjee, October 21, 2020: ''The Times of India'']
- Ram Sene coined ‘love jihad’, but first ‘case’ goes back a century
+Ram Sene coined ‘love jihad’, but first ‘case’ goes back a century
 When does an interfaith marriage become “love jihad”? The story depends on the teller. Pramila Sajjan from Agra insists that her daughter Sanjana was “taken away” by a Muslim man in 2018. “I came home one day and saw he had taken my daughter,” Sajjan said. Sanjana has called home once since then to tell her mother she was married to the man and living elsewhere. “She said she won’t come back.” How was she abducted then? “She must have been brainwashed.”
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 The rhetoric crystallised by the mid-2000s. “Pramod Muttalik, the leader of Ram Sene, was instrumental in coining the term ‘love jihad’ and claims it first featured in discussions in Hindutva groups from around 2005,” said Gupta. “The term is also interesting as both ‘love’ and ‘jihad’ are perceived as ‘foreign’ terms, alien to the Indian soil.” So, there is a contemporary update — an international conspiracy angle. “Masculinist anxieties are at the root of these problems — be it religion, nation or community identity,” said Tyagi.
 =The ''Shafin Jahan'' case, in brief=

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 |}
-[[Category:India |L ]]
-[[Category:Politics |L ]]
-[[Category:Religion |L ]]
-[[Category:Crime |L ]]
 =The ''Shafin Jahan'' case, in brief=
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 [[Panjab Castes: 04- Effect of conversion upon caste]]

← Older revision		Revision as of 16:28, 24 March 2018
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	"It needs no special emphasis to state that attaining the age of majority in an individual's life has its own significance. S/he is entitled to make her/his choice. The courts cannot, as long as the choice remains, assume the role of parens patriae (legal protector)," said a bench of Chief Justice Misra and Justices A M Khanwilkar and D Y Chandrachud.		"It needs no special emphasis to state that attaining the age of majority in an individual's life has its own significance. S/he is entitled to make her/his choice. The courts cannot, as long as the choice remains, assume the role of parens patriae (legal protector)," said a bench of Chief Justice Misra and Justices A M Khanwilkar and D Y Chandrachud.
		+
		+	==SC sets aside Kerala high court order that annulled Hadiya's marriage==
		+	[https://timesofindia.indiatimes.com/india/kerala-love-jihad-case-sc-sets-aside-kerala-hc-order-that-annulled-hadiyas-marriage/articleshow/63215330.cms March 8, 2018: ''The Times of India'']
		+
		+
		+	'''HIGHLIGHTS'''
		+
		+	The Supreme Court set aside the Kerala HC order that had annulled alleged 'love jihad' victim Hadiya aka Akhila's marriage with her husband Shafin Jahan
		+
		+	It said it was restoring Hadiya and Jahan's marriage, as it had interacted with the former and found that she had exercised her consent in getting married
		+
		+
		+	The Supreme Court said that Hadiya's marriage with her husband Shafin Jahan is legal and valid, and a relationship she has formed of her free will and consent.
		+	In doing so, the apex court overturned an earlier order of Kerala HC, which had cancelled the marriage saying it wasn't legal as she entered into it out of coercion or was brainwashed into it.
		+
		+	A bench comprising Chief Justice Dipak Misra and Justices AM Khanwilkar and DY Chandrachud said it was restoring Hadiya and Jahan's marriage, as it had interacted with the former and found that she had exercised her consent in getting married.
		+
		+	With today's order, the two will be deemed legally married and can live as a couple without being harassed by any state agency.
		+
		+	The SC, however, said that the National Investigation Agency (NIA) probe into the alleged 'love jihad' phenomenon would be taken to its logical conclusion by the agency in accordance with the law.
		+
		+	In its status report submitted to the SC, the NIA had said that a well-oiled system prevailed in Kerala to indoctrinate people to embrace Islam.
		+
		+	Earlier, Hadiya's father KM Asokan told the top court that his efforts prevented her from being transported to "extremist-controlled territories" of Syria to be used as a "sex slave or a human bomb".
		+
		+	Asokan said his daughter was a "vulnerable adult" and she "abjectly surrendered herself to complete strangers who adopted her into their fold, offering her shelter and protection and further imparted religious indoctrination in an isolated environment".
		+
		+	Hadiya, however, told the court that she embraced Islam + of her own free will and wanted to continue living as a Muslim. In an affidavit filed before the top court, she said that she had married Jahan of her own volition and sought the court's permission to "live as his wife".
		+
		+	She said that Jahan had no role in her conversion and that he had come into her life only after she embraced Islam.
		+
		+	"I hereby submit that I embraced the faith/religion of Islam on my choice as per my conscience and on my own free will after studying about Islam and thereafter I married a person, namely Shafin Jahan, from the same faith as per my choice and on my own free will. However, despite the fact that I submitted repeatedly before the Kerala High Court that I made the above choices on my own free will, the HC did not heed to my submissions," she said.
		+
		+	Hadiya accused the NIA of wrongly projecting Jahan as a terrorist. The apex court had earlier allowed her to resume her Bachelors in Homeopatic Medicine and Surgery (BMHS) at a Salem-based college.

	= Interfaith marriages=		= Interfaith marriages=

← Older revision		Revision as of 22:04, 23 January 2018
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	==NIA’s 'Love Jihad' probe won’t affect legality of Hadiya’s marriage: SC==		==NIA’s 'Love Jihad' probe won’t affect legality of Hadiya’s marriage: SC==
	[https://timesofindia.indiatimes.com/india/love-jihad-cases-sc-says-nia-probe-has-no-bearing-on-deciding-legitimacy-of-hadiya-shafin-marriage/articleshow/62614914.cms Love jihad cases: SC says NIA probe has no bearing on deciding legitimacy of Hadiya-Shafin marriage, January 23, 2018: ''The Times of India'']		[https://timesofindia.indiatimes.com/india/love-jihad-cases-sc-says-nia-probe-has-no-bearing-on-deciding-legitimacy-of-hadiya-shafin-marriage/articleshow/62614914.cms Love jihad cases: SC says NIA probe has no bearing on deciding legitimacy of Hadiya-Shafin marriage, January 23, 2018: ''The Times of India'']
		+
		+
		+	'''HIGHLIGHTS'''
		+
		+	The NIA said its probe is almost complete and "shouldn't go waste"
		+
		+	The SC then said the probe is the Agency's business, deciding the the legitimacy of Hadiya's marriage isn't
		+
		+	The SC has previously declared that an adult woman, like Hadiya is, enjoyed the right to lead a life of her choice

← Older revision		Revision as of 22:02, 23 January 2018
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	But the court agreed to Mehta's request for a short adjournment and posted the case for October 9. It told Dave that there was no bar for the SC to expand its jurisdiction under the power conferred on it by Article 136 of the Constitution. It sought an opinion from senior advocate Fali S Nariman, who was present in the courtroom. Nariman was prompt to agree, “Under Article 136, there is nothing called SC can never expand its jurisdiction.“		But the court agreed to Mehta's request for a short adjournment and posted the case for October 9. It told Dave that there was no bar for the SC to expand its jurisdiction under the power conferred on it by Article 136 of the Constitution. It sought an opinion from senior advocate Fali S Nariman, who was present in the courtroom. Nariman was prompt to agree, “Under Article 136, there is nothing called SC can never expand its jurisdiction.“
		+
		+	==NIA’s 'Love Jihad' probe won’t affect legality of Hadiya’s marriage: SC==
		+	[https://timesofindia.indiatimes.com/india/love-jihad-cases-sc-says-nia-probe-has-no-bearing-on-deciding-legitimacy-of-hadiya-shafin-marriage/articleshow/62614914.cms Love jihad cases: SC says NIA probe has no bearing on deciding legitimacy of Hadiya-Shafin marriage, January 23, 2018: ''The Times of India'']
		+
		+
		+	NEW DELHI: The Supreme Court (SC) said the NIA's probe+ into so-called 'love jihad' cases has no bearing on the court's deciding whether the marriage of Kerala's Hadiya+ is legitimate. That's because the union cannot be challenged by a third party, said the apex court.
		+
		+	When the NIA said its probe is almost complete and "shouldn't go waste", the SC brushed it off, again saying an investigation is the Agency's business. But the legitimacy of Hadiya's marriage - which the Kerala high court annulled last May - is not the business of the NIA, the SC said.
		+
		+	"We make it clear that we are concerned about ongoing probe of NIA into 'love jihad' cases and the only issue before us is legitimacy of the marriage which cannot be challenged by third party," said the SC.
		+
		+	A three-judge SC bench headed by Chief Justice of India Dipak Misra observed that the NIA cannot get involved in the marital status of Hadiya as she is an adult.
		+
		+	Earlier this month, the SC declared that an adult woman enjoyed an unfettered right to lead a life of her choice.
		+
		+	"It needs no special emphasis to state that attaining the age of majority in an individual's life has its own significance. S/he is entitled to make her/his choice. The courts cannot, as long as the choice remains, assume the role of parens patriae (legal protector)," said a bench of Chief Justice Misra and Justices A M Khanwilkar and D Y Chandrachud.

	= Interfaith marriages=		= Interfaith marriages=