The ‘Love Jihad’ Offence: Understanding The Nuances Between Personal Laws And The Special Marriage Act, 1954 With Special Emphasis On The ‘Love Jihad’ Phenomenon
Akhilesh Balaji, LLB (Hons), Jindal Global Law School (JGLS), O. P Jindal Global University
ABSTRACT
Political developments characterized by ideology-oriented policy formulation and its subsequent clash with existing laws which espouse to create an equal society have been a recurring phenomenon in the Indian democratic landscape. Born from the rumblings of the ‘love jihad’ phenomenon which was heralded by the highest executive in Uttar Pradesh, the Prohibition of Unlawful Religious Conversion Ordinance, 2020 passed by the Uttar Pradesh government (which is set to be adopted by other states in the union) represents the latest development which has contributed to rupturing an already deeply fragmented heterogenous society.
It has managed to revive deep seated apprehensions about religious co- habitation in a democracy where personal laws continue to flourish. In this process, it has exposed the contradictions that operate under the aegis of family law (namely provisions of personal laws).
The following research paper attempts to explore the differential treatment that is vetted out to marriages registered under personal laws as opposed to the Special Marriage Act, 1954. Further, it goes on to explore how this has come to become exacerbated in light of the ‘Love Jihad’ phenomenon in contemporary times.
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