Impersonating as Hindu to trap girls is extremely dangerous for communal harmony: HC

Keeping in mind the broader design of Love Jihad, the Shivraj Singh government has enacted the MP Freedom of Religion Act to check rise in such cases and deliver proper justice to the victims as well.

New Delhi, Feb 2: What could amount to Love Jihad has now also started receiving attention from the Indian courts. In fact, it was the Kerala High Court that gave an official recognition to the term 'Love Jihad' more than a decade ago. In the concerned case, the Madhya Pradesh High Court has denied bail to a Muslim man for impersonating as a Hindu and then raping the victim.

Denying bail to the accused, the High Court took a serious note of the crime and proclaimed that the offence is dangerous for communal harmony. The court has held that impersonating as a Hindu only to trap the innocent girl and then raping is not just about the crime but extremely dangerous for communal harmony too.

Not only that the accused had impersonated as Hindu to win the Scheduled Caste girl to confidence but had raped her. Now, he has been charged for the crimes under Sections 376 and 376(2)(k) of the IPC and Section 3(20(5) of the SC/ST Act. The Madhya Pradesh police have also charged him under Sections 3 and 5 of the MP Freedom of Religion Act that was passed recently in view of rising Love Jihad cases in the State.

The Freedom of Religion Act was passed manifestly to protect innocent girls from Love Jihad design that has been going on for decades. Hearing the case, the single-judge Bench of Justice Anil Verma held that the applicant did not raise any plea in the bail petition that prosecutrix was a consenting party. Neither had he made it clear that physical relationship was established after the consent.

The judge observed that the trend is quite upsetting and such types of offences are increasing day by day. This, according to the court, is extremely dangerous for communal harmony.

FR Act to check rising Love Jihad cases

Keeping in mind the broader design of Love Jihad, the Shivraj Singh government of Madhya Pradesh has enacted the MP Freedom of Religion Act. There are strict provisions in the Act to deliver justice to the victims of love jihad. For instance, there is provision for penalty for religious conversions through fraudulent means this includes converting for the marriage.

Similarly, the law declares marriages null and void if it is performed with the intent to convert the individual. Needless to say, this law has also introduced long-term imprisonments and hefty fines for violators who were doing love jihad without any consequences. Now that religious priests have been asked mandatorily to inform the authority before organizing any conversion ceremony, the cases of love jihad would come to public notice.