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Difference between love marriage and love Jihad & Uttar Pradesh prohibition of unlawful conversion of religion ordinance, 2020

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Nagendra Pratap Singh
Nagendra Pratap Singhhttp://kanoonforall.com
An Advocate with 15+ years experience. A Social worker. Worked with WHO in its Intensive Pulse Polio immunisation movement at Uttar Pradesh and Bihar.

We shall have to understand the actual status, meaning, scope and intention of the activities behind these two love actions.

Before dealing with the aforesaid two words/Activities we shall have to discuss in detail in respect of the act/ offence of “Impersonation or False Personation or Fake Identification, Do you know, what is the meaning of impersonation?

“Impersonation means to assume character or appearance of; pretend to be:”

In other words it must be said that “The crime of pretending to be another individual in order to deceive others and gain some advantage is impersonation.”

Under New York law, Criminal impersonation is committed when an individual “impersonates another and does an act in such assumed character with intent to obtain a benefit or to injure or defraud another”(N.Y. Penal Law § 190.25 [McKinney 1996]).

“किसी का नकली वेश धारण करना रूपारोप करना”

Chapter XI Section 205 of IPC 1860 deals with the definition and punishment for False personation as follows:- “Whoever falsely personates another, and in such assumed character makes any admission or statement, or confesses judgment, or causes any process to be issued or becomes bail or security, or does any other act in any suit or criminal prosecution, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both”. It is Non-cognizable, Bailable and triable by Magistrate (FC).

Section 416 in The IPC 1860 read as “Cheating by personation”—A person is said to “cheat by personation” if he cheats by pretending to be some other person, or by knowingly substituting one person for another, or representing that he or any other person is a person other than he or such other person really is.

Now Let us go through the real story of a Shooter: – This is a real story of a national level shooter most popularly known as “Tara Sahdev” from Ranchi, Bihar.

As per the article published on the portal of INDIA TV on 26 August 2014:-

“Tara said she met Ranjit on shooting grounds where he came to see her practice every day. Gradually they started meeting outside and decided to get married. The couple got married on July 7 this year. She further said that Ranjit did not disclose that he was a Muslim and instead faked his identity. The real name of Ranjit is “Rakibul” and he is Muslim.

“She further revealed “On the first night of the marriage, he called 20-25 Hajis. They forced me to convert into Islam”. According to Tara, Rakibul kept her under confinement for one month and forced her to convert into Islam. Tara alleged that Rakibul made her starve and even changed her name to “Sara”, to which she protested strongly. He threatened to beat me and even said that he will shoot me if I refuse to convert into Islam.

I was forced to speak ‘qubool hai’ three times and also to say I am not a Hindu as I have changed my religion. “He tortured me mentally and had sex with me on a gunpoint,” she said. Later on, Tara decided to report her saga to family.

Meanwhile, Deepak Ambastha, DCP, Ranchi said that a case has been filed against Rakibul and the truth will come out very soon.

Now my Friends, I have a question and be pleased to lit the Fire and make me understand that:-

“Whether the marriage of Tara and Ranjit (Rakibul) Is a love marriage or Love Jihad.”

Answer:- as per my opinion,  It is very clear that on the Part of Tara Sachdev it was a Love marriage because she loved a person whose name was Ranjit and he was Hindu by religion. She believed the contemporary status of Ranjit (original name Rakibul). BUT as far as  Rakibul’S (Fake Ranjit) part is concerned “it was nothing but a Love Jihad”. Rakibul purposely and deliberately represented himself a Hindu person named as Ranjit. He concealed his original identity of a Muslim person whose name is Rakibul. And on the first night of the marriage, he called 20-25 Hajis. They forced Tara to convert into Islam”. Afterwards he started to administer his all cruel and brutal torture activities against Tara to convert her in to Islam.

So it is crystal clear that “whatever has been done by Rakibul (a Muslim person) was nothing but an offence of false personation and Cheating by personation which is now known as forceful and unlawful conversion i.e. alleged Love Jihad.

“In June 2018, Jharkhand High Court granted divorce in alleged love jihad case in which accused lied about his religion and forcing the victim to convert to Islam after marriage.” as published as “Jharkhand love jihad case: Former national shooter Tara Shahdeo granted divorce from Raqibul Hassan”. DNA India. 27 June 2018.

Now we shall deal with love marriage and Love Jihad under the light of the Judgement of Division bench of (HHJ Mr. Pankaj Naqvi,J.  and HHJ shri Vivek Agarwal,J) High Court Allahabad delivered in the case of Crl. Mis. Writ Petition No- 11367 of 2020 Salamat Ansari & 3 Others V/s. State of U.P. & 3 Others on 11/11/2020.

In Para No.5 it is observed by the Hon’ble Court that “We do not see Priyanka Kharwar and Salamat as Hindu and Muslim, rather as two grown up individuals who out of their own free will and choice are living together peacefully and happily over a year. The Courts and the Constitutional Courts in particular are enjoined to uphold the life and liberty of an individual guaranteed under Article 21 of the Constitution of India. Right to live with a person of his/her choice irrespective of religion professed by them, is intrinsic to right to life and personal liberty.

The aforesaid observations are clearly and specifically made for LOVE MARRIAGE and obviously, if, before the solemnisation of his marriage with Priyanka Kharwar, If :-

1-Mr. Salamat Ansari has represented him as Mr. Salamat Ansari;

2-He is a Muslim by religion;

3-Priyanka Kharwar will have to convert herself by accepting Islam;

and despite knowing the aforesaid facts Priyanka Kharwar accepts Mr. Salamat Ansari as her husband and it is nothing but a LOVE MARRIAGE. And off course the Article 14, 15, 19 and 21 of the Constitution of India are present to protect their personal liberties and fundamental rights.

But what about those cases in which a Muslim person solemnised his marriage with a Hindu girl by making false personation that:-

1:-  He is Rahul, Ranjit or Ramesh etc.

2:- He is Hindu by religion;

And after marriage started to torture her in order to convert her as Muslim by disclosing his original name and religion. If Hindu girl refused to accept the Islam, she has been tortured in most of the cases till her death. The Hon’ble High Court has not made any observation on this issue.

AND hence in order to “Stop this process of forceful conversation” Yogi Adityanath government has brought an ordinance which is known as “Uttar Pradesh Prohibition of Unlawful Conversion of Religion Ordinance, 2020”.  

That Uttar Pradesh is not the first state who has brought this ordinance as before it :-

In 1967, Odisha was the first Indian state to pass a law against religious conversion, known as “the Freedom of Religion Act”, which had similar provisions.

Madhya Pradesh followed with its own anti-conversion law in 1968. Arunachal Pradesh enacted a similar law in 1978. In 2002, Tamil Nadu passed the Tamil Nadu Prohibition of Forcible Conversion Act, primarily directed at Christian missionaries.

The Relevant provisions of the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Ordinance, 2020 (UP ordinance No. 21 of 2020) are as follows:-

Permeable :-  “An ordinance to provide for prohibition of unlawful conversion from one religion to another by misrepresentation, force, undue influence, coercion, allurement or by any fraudulent means or by marriage and for the matter connected therewith or incidental thereto”

Section 3 deals with the prohibition on unlawful conversion by means as mentioned in permeable;

Section 4 deals with the competency of a person to lodge the FIR against such conversion that contravene the provisions of Section 3.

Section 5 deals with the punishment for contravention of provisions of Section 3.

1 to 5 years of jail term with a minimum fine of Rs 15,000 for forced conversion;

2-10 years of prison with a minimum fine of Rs 25000 for conversion of minors and women from SC/ST community;

For forced mass conversions, the bill provides for a jail term of 3-10 years and Rs 50,000 penalty;

Section 6 deals with the provisions to declare the marriages void which is done for the sole purpose of Unlawful Conversion or vice-versa;

Section 7 says that all the offences under this Ordinance shall be cognizable and non-bailable and triable by the Sessions Court;

Section 8 makes it mandatory to Person who desires to convert to some other religion needs to provide a declaration in the form prescribed in Schedule-I at least sixty days in advance either to the District Magistrate or Additional District Magistrate. Religious convertor who shall perform the act of conversion will also have to give one month’s advance notice in the form prescribed in Schedule -II TO District Magistrate or Additional District Magistrate regarding where the said ceremony would take place;

Section 9 provides that “The converted person shall send a declaration in the form prescribed in Schedule-III within 60 days of the date of conversion, to the District Magistrate in which the converted person resides ordinarily”.

Section 10 says that If any institution or organization violates the provisions of the ordinance, they shall be subjected to punishment as provided under Section 5 and the registration of the said institution or organization shall stand cancelled;

After going through the aforesaid provisions of the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Ordinance, 2020 (UP ordinance No. 21 of 2020) it can easily be found by a prudent person that “this ordinance is complying with the orders of Hon’ble Allahabad High Court. This ordinance is constitutional, legal and valid ordinance and it is establishing the soul of Articles 14, 15, 19 and 21 of the Constitution of India.

Thanking you
Nagendra Pratap Singh
Advocate (Self Employed)

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Nagendra Pratap Singh
Nagendra Pratap Singhhttp://kanoonforall.com
An Advocate with 15+ years experience. A Social worker. Worked with WHO in its Intensive Pulse Polio immunisation movement at Uttar Pradesh and Bihar.
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