December 22, 2024

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COURTS & COMMUNAL POLITICS

Judicial Perspectives on Love Jihad: Unpacking the Controversy and Its Societal Implications

The concept of “love jihad” has ignited intense debate in India, intertwining issues of religion, gender, and nationalism. 

On 1st October, a Bareilly Court sentenced a Muslim man to life imprisonment following a complaint of sexual assault. In the judgment, the judge commented that it was a case of “love jihad,” which the police had failed to present as such. The girl involved was Hindu.

During the court proceedings, the girl withdrew her complaint, stating that she had lodged it under pressure from a Hindutva group. However, the judge dismissed her retraction, likely influenced by the prevailing social propaganda. Judge Diwakar commented in his judgment that Muslim men target Hindu women for marriage. He remarked:

Judge11“In simple words, love jihad is the practice of Muslim men converting women from non-Muslim communities to Islam by pretending to love them and marrying them. Illegal conversions through love jihad are carried out by anarchist elements of a particular religion or are done as part of a conspiracy… A significant amount of money is required for love jihad. Hence, the possibility of foreign funding in love jihad cannot be ruled out.”

The concept of foreign funding for love jihad is novel; one wishes the judge had named the country allegedly providing the funds.

While the propaganda around love jihad was the first in the series, we now hear of several types of jihad being popularized, including land jihad, UPSC jihad, flood jihad, and Corona jihad, among others. Some communal anchors specialize in cataloging types of jihad whenever Muslims are involved in any way.

This is a clear case of trivial issues being magnified to demonize a religious community, which is viewed as following a “foreign religion” and is covertly and overtly portrayed as the “enemy other.” The creation of this “enemy other” is at the root of communal politics, particularly Hindu nationalist politics, which currently dominates India’s social landscape.

The propaganda around love jihad is relatively recent. A few decades ago, some Christian bishops from Kerala started this slander, which was later adopted more vigorously by Hindu nationalists. Their propaganda machinery is well-organized, stretching from RSS shakhas to RSS-run schools, sections of the media, social media, and IT cell-operated platforms. The claim that an organization is funding Muslim youth to lure Hindu girls was investigated and found to be a hoax.

LovejihadsVarious reasons have been given as the purpose behind love jihad. One major narrative is demographic: the idea that Muslims, with “four wives and twenty children,” will soon outnumber Hindus.

Love jihad, where Hindu girls are supposedly converted and made to produce children, is now part of this rhetoric. Another claim is that these girls are trained to fight for Islamic State.

The core aim of love jihad propaganda is linked to patriarchal values that accompany religious nationalism. The rise in atrocities and incidents of rape has paralleled the rise of communal politics.

Teesta Setalvad highlights, “Women of targeted communities are singled out as ‘symbols of honor’ when the horrors of violence are unleashed on them.

We saw this during Partition in 1946-47, Nellie (Assam, 1983), Delhi (1984), Bombay (1992-93), Gujarat (2002), and most recently in Manipur (2023)… The reasons are sociological, historical, and ideological. The BJP is driven by its ideological fountainhead, the Rashtriya Swayamsevak Sangh (RSS), and the Hindu Mahasabha—extreme rightwing outfits that embrace a militarized faith and misogynistic control over women and their sexuality.”

One is reminded of the reprimand issued by Hindu nationalism’s foremost ideologue, Vinayak Damodar Savarkar. He criticized Shivaji for returning the daughter-in-law of the Muslim governor of Kalyan, brought to him by his plundering army, rather than taking revenge.

Love Jihad

In the wake of the rising chorus around “love jihad,” historian Charu Gupta remarked that this is a mechanism to control women’s lives: “The false claim by the Hindu right that an organization is forcing Hindu women to convert to Islam through false expressions of love is similar to the 1920 campaign against alleged abductions.

Whether in 1920 or 2009, Hindu patriarchal notions seem deeply entrenched in such campaigns, portraying passive, victimized Hindu women at the hands of inscrutable Muslims while ignoring women’s legitimate right to love and choice.”

In this light, one sees the intensified activities of Bajrang Dal during occasions like Raksha Bandhan, when they visit Hindu households and urge parents to “watch” their daughters. This propaganda has gained traction and is affecting different sections of society.

Lovejihad CartoonMany Muslim youth have been attacked as a result. The tragic death of Rizwan Khan, following his relationship with Priyanka Todi, is one such case. In reverse, we sometimes see cases like that of Ankit Bhandari, who was killed by the relatives of the Muslim girl he was in love with.

The case of Hadiya (Akhila Arunan), who converted to Islam, is also significant. She converted due to her interactions with Muslim friends and later married Shafik Jahan. Her father was granted custody of her by the court, which claimed she had been indoctrinated and might be recruited for ISIS. However, after appealing to the Supreme Court, Hadiya’s testimony was heard, and she was restored to her husband.

In Kerala, many yoga centers have emerged, attempting to convince Hindu girls intending to marry Muslim men to return to the Hindu fold, sometimes using force or blackmail.

The judgment mentioned above demonstrates how deeply this propaganda is affecting society, including judges who are expected to base their verdicts on concrete evidence. Pt Logo

(This article was first published in The Wire)

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