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https://www.npr.org/2021/10/10/1041105988/india-muslim-hindu-interfaith-wedding-conversion
Resources for all concerned with culture of authoritarianism in society, banalisation of communalism, (also chauvinism, parochialism and identity politics) rise of the far right in India (and with occasional information on other countries of South Asia and beyond)
NEW DELHI — Inside a former army barracks, Simran Sagar sings a Hindi love song as she makes tea for her fiancé on what they hoped would be their wedding day. But their marriage keeps getting delayed.
Her voice echoes off the cold cement walls. "Like a shooting star that falls from the sky, our lives fell apart, darling," the lyrics go.
This is not how they imagined their first home together: a
mattress on the floor, a hot plate to cook on and a police guard
stationed out front. It's a secret safe house in India's capital, 200
miles from the village where they grew up.
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https://www.npr.org/2021/10/10/1041105988/india-muslim-hindu-interfaith-wedding-conversion
L'enquête de Christophe Paget (à laquelle j'ai contribué) pour RFI sur le combat des nationalistes hindous contre ce qu'ils appellent Love Jihad - qui se développe surtout en Inde du Nord
https://t.co/IZOxlyANFQ?amp=1
https://www.thequint.com/videos/documentaries/love-jihad-mission-hate-interfaith-couples-vigilantes-police-politics-nexus
ndia’s most populous state, Uttar Pradesh, introduced a law outlawing so-called “Love Jihad” on Tuesday, the first of at least five states led by the Hindu nationalist Bharatiya Janata Party (BJP) that are considering new legislation targeting interfaith relationships in the world’s largest democracy.
Love Jihad is a baseless conspiracy theory that Muslim men are attempting to surreptitiously shift India’s demographic balance by converting Hindu women to Islam through marriage. The narrative has been pushed by Hindu nationalist groups close to India’s ruling BJP since Prime Minister Narendra Modi was first elected in 2014. Since Modi came to power, his government has introduced several other measures that target India’s minority Muslim community. The conspiracy has received renewed attention after a Hindu woman in Haryana was murdered in October by a Muslim man who, her family said, had pressured her to convert and marry him.
In the speech, Adityanath also issued a veiled threat of violence toward Muslim men in interfaith relationships. “I warn those who conceal their identity and play with the honour of our sisters and daughters, if you don’t mend your ways, your final journey will begin,” he said.
In recent weeks, the Love Jihad conspiracy has risen to new prominence in the national conversation. In October, a television advert depicting a happy interfaith marriage between a Hindu woman and a Muslim man was withdrawn by the jewelry company Tanishq, after receiving complaints from Hindu nationalists that it promoted so-called Love Jihad.
On Monday, police registered a case against Netflix for a scene in the show A Suitable Boy that depicted a Hindu woman and a Muslim man kissing against the backdrop of a temple, described as “extremely objectionable content” by Narottam Mishra, the home minister of the BJP-ruled Indian state of Madhya Pradesh, who is weighing a similar law.
The new legislation in Uttar Pradesh, which needs to be approved by the BJP-dominated state parliament within 42 days to remain active, will impose fines and a jail term of up to ten years for men found to have converted a woman’s religion solely for the purpose of marriage, or by use of force, coercion or misrepresentation, according to The Hindu newspaper. The law also gives the state the power to nullify any marriages found to have been carried out with the “sole intention” of changing a woman’s religion.
While the full text of the law has not been released, experts say it could face challenges in the courts. “They seem to suggest that this law will only make it an offense if a woman were to convert for the purposes of marriage, which attracts a challenge on the grounds of gender discrimination,” says Arun Sri Kumar, a partner at Keystone, a Delhi law firm. He adds that other challenges could be brought based on constitutional protections for freedom of religion and also arbitrariness, because the law appears to impose a reverse burden of proof, meaning that anyone trying to change their religion for marriage will have to prove the conversion was consensual, rather than the state having to prove the conversion was coercive.
“The narrative of Love Jihad seeks to popularize the myth of Hindu culture as under siege, Hindu women as vulnerable, and justify the Hindu male as the protector-aggressor,” says Angana Chatterji of the Center for Race and Gender at the University of California, Berkeley. “This law will likely signal that religion-based violence, caste oppression, and sexual violence are tools to champion nationalism and patriotism.”
On Nov. 17 Mishra, the home minister of Madhya Pradesh, said his state government was planning to bring a law with five-year jail terms for perpetrators of “Love Jihad.” And after the Uttar Pradesh cabinet approved its own new law, officials in other BJP-ruled states said they would fast-track similar bills. The home minister of Haryana said the state government there was “in the process of framing a strict law” on so-called Love Jihad that would be enacted “very soon.”
The Uttar Pradesh state government has described its new law as ensuring “justice for women,” but officials in the state have already raised concerns. Of 14 alleged Love Jihad cases investigated by a special police unit in the state since August, eight have already been thrown out after police determined the relationships were consensual, according to the Wire, which quoted an unnamed senior police official saying the state government had exaggerated the issue.
The new law comes just two weeks after judges in Uttar Pradesh’s high court overturned a previous decision that religious conversions for the sake of marriage are unacceptable. One case supported by the state government saw the father of a Hindu woman argue that his daughter’s Muslim husband had kidnapped her and converted her against her will. After considering the evidence, judges found the relationship to be consensual.
The Law of unfreedom
A conspiracy against inter-faith love
<https://www.thehindu.com/
<https://www.thehindu.com/
NOVEMBER 24, 2020
https://www.thehindu.com/
Laws to curb intermarriages are part of a communal agenda
In India, intermarriages between people of different regions, castes or
religions have to a large extent been prevented by casteism, religious
conservatism, and fear of parental authority. In a country as large and
diverse as this, intermarriages are still a rarity. There are few
inter-caste marriages and even fewer inter-religious ones. Surveys large
and small confirm that the vast majority of Indians (between 95% and 99%
depending on the State) have arranged marriages, which are, by nature,
intra-caste and intra-religious. Between 70% and 80% of Indians across all
age groups and religions disapprove of inter-caste or inter-religious
marriage. Those of us and our forebears who married across caste groups or
across religious communities are a very small minority of around 5% and
about 2%, respectively.
Yet, for decades, the Rashtriya Swayamsevak Sangh (RSS), through its
affiliates, has kept up an attack on the 2%, trying to prevent or break up
marriages between Hindus and people of other faiths, primarily Muslims.
Despite all its very recent protestations to the contrary, the Sangh
Parivar is known to hold that Muslims (and Christians), whose holy sites
are outside India, are not truly “Bharatiya”. Groups owing allegiance to
the Parivar scour court notices for marriages under the Special Marriage
Act and use persuasion, threats, intimidation and even violence to try and
stop marriages from taking place. When Muslim women marry Hindu men (even
abroad), they try to have them “convert” to Hinduism.
Also read: Law on love jihad can be challenged, says U.P. Law Commission
head
<https://www.thehindu.com/
No evidence of ‘love jihad’
But it is only quite recently that they conjured up a conspiracy theory in
support of their campaign. Starting in coastal Karnataka and northern
Kerala in the mid-2000s, Sangh vigilantes claimed that Hindu-Muslim romances
<https://www.thehindu.com/
were
a well-thought-out conspiracy to seduce Hindu women in order to convert
them to Islam and produce Muslim children. It was among these vigilantes
that the term ‘love jihad’ was bandied about. A Karnataka Criminal
Investigation Department (CID) investigation into complaints of ‘love
jihad’ in 2009 concluded that there was no ‘love jihad’
<https://www.thehindu.com/
only love and marriage between consenting adults. But the conspiracy
theory, and the term ‘love jihad’
<https://www.thehindu.com/
were exported to north India in the run-up to the 2014 general election.
Over the next few years, as the Bharatiya Janata Party gained political
ground, the term gained currency, adding another dimension to the Sangh
Parivar’s programme of communal polarisation.
A National Investigation Agency (NIA) probe was ordered following
continuing claims in Kerala in 2018. In Uttar Pradesh, whose current Chief
Minister issued a public death threat to men he claimed were involved in
‘love jihad’, the police investigated 14 complaints. The NIA reached the
same conclusion as the Karnataka CID did in 2009: there was no conspiracy
to convert Hindu women, nothing called ‘love jihad’, all the women
concerned had married and/or changed religions as independent thinking
adults. The U.P. police have found that the majority of the cases probed
were consensual. And in the cases identified as ‘suspicious’ by the police,
neither is there evidence of forcible conversion nor of the fact that the
women did not make their own choices.
But keeping the conspiracy theory alive seems to be an important part of
the RSS-BJP’s communal political programme. And so, under the guise of
anti-conversion laws, a few BJP State governments have now announced their
intention to make ‘love jihad’, a conspiracy theory, a crime punishable by
imprisonment. The conspiracy theory has evolved along the way. Its central
premise is that no Hindu woman will fall in love with a man she knows to be
a Muslim; Muslims disguise themselves as Hindus to get their way with
obedient Hindu women and having ravished them, force them to convert.
Exercising choice
Characterising Hindu women as dim-witted and easily led is socially more
acceptable than the idea that a woman can love outside artificial social
boundaries and exercise choice. This is borne out by the many examples from
across the country of parents using provisions of criminal law on rape and
kidnapping to try and break up their daughter’s relationship or marriage,
entered into by choice. There are also examples from across the country of
families that have conspired to murder their daughter or her husband or
both, because their falling in love is an affront to family authority and
to the social order determined by caste and religion.
The insidious linking of inter-faith relationships with ‘forcible
conversion’, however, gives this campaign a powerful toxicity. The Supreme
Court affirmed in the case of Hadiya (formerly Akhila) and Shafin Jahan
that no one had a right to interfere in the marriage of consenting adults.
What the BJP State governments are proposing is a law that overturns this
premise, by making the validity of a marriage subject to investigation on
the basis of third-party complaints. It makes every Muslim marrying a Hindu
suspect. It characterises Muslims as conspirators in a project of
proselytisation and colonisation of Hindu wombs. And it provides legal
cover for Sangh organisations to carry on their decades-old campaign of
harassment, and worse, against Hindu-Muslim marriages.
To be sure, the RSS and its affiliates have been able to pursue their
flagrantly anti-constitutional and unlawful methods in trying to prevent
inter-religious marriages because their agenda feeds the casteism and
religious anxiety of the majority of Indians. This is why, all these years,
they have had the easy support of court officials, the police, and in too
many cases also the families of young people who have dared to love.
The changes in law proposed by a few BJP State governments, if they go
through, will create a decidedly hostile legal environment for Hindus and
Muslims to marry. What is already difficult, because of family, community
and Sangh Parivar pressures, will become impossibly hard.
Nazi Germany’s Nuremburg laws prohibited sexual relations and marriages
between Jews and non-Jews. Violation of the law led to imprisonment and
later, incarceration in a concentration camp. Segregationist U.S. and
apartheid South Africa had laws prohibiting inter-racial marriages and
sexual relations. In South Africa, the law was enforced through
surveillance and police raids. In both countries, violations were
punishable by imprisonment. In India, the Sangh Parivar can achieve the
same ends without a law explicitly banning such marriages, so long as those
who are unable to see beyond caste and religion conspire in its plan.
From The Times of India
Madhya Pradesh’s BJP government is tabling a bill to prosecute “love jihad”, a non-existent entity that also weighs heavily on the minds of other BJP state governments. The orchestrated thrust for such a law is surprising because central agencies haven’t detected a single love jihad case in the country. Hapless citizens must bear the cost of such unnecessary over-legislation, even now a prime underlying factor for poor governance in the country. Inclusive nationalism – or uniting the land and its people under one law, with the state not discriminating against citizens on grounds of region, religion, language, caste and sex – takes a beating here. In this regard, MP’s state sponsored discrimination directly challenges Article 15.
Far from BJP’s longstanding Uniform Civil Code promise, the love jihad legislative trajectory leads to a differentiated civil code. Where the Special Marriage Act invites Indians irrespective of religion to enter into a marital relationship, the MP bill frowns upon allowing the same right to interfaith couples. The interfaith couple, and a religious priest if theirs is a personal law marriage, must inform the district magistrate 30 days before the wedding. With offences being cognisable and non-bailable, attracting a five year jail term even for collaborators, the law will all but criminalise interfaith marriage.
A country aiming for a nation under one tax, one ration card, one civil and criminal code contradicts itself by herding citizens into religious ghettos, daring those who mingle with state sponsored harassment. Consenting adults having to contend with the state as gatekeeper and vetoholder in marriage, while being told in other contexts to become job creators and empowered citizens, betrays yet another contradiction. The new India is beginning to look like a really archaic India. Such laws will pose hurdles for New Delhi’s foreign policy as well. Unfavourable international attention stemming from discriminatory legislation with potential to fuel social conflict has grave reputational and soft power costs – recall CAA.
The Centre can, of course, reveal its hand when the bill comes to the stage of governor giving assent or referring to the President. The easiest course for Centre would be to reform the SMA’s convoluted provisions that force harried couples to take the easier route of religious marriages. Such a modernising move can end the love jihad conversation over religious conversion and earn the gratitude of lovestruck youngsters. And if all else fails there is the Supreme Court, which must act as the conscience keeper of the Constitution.
The Economist - Nov 19th 2020 edition
The Bharatiya Janata Party is determined to stop a non-existent “love jihad”
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