Love Jehad’: When Courts Provide
Fodder For Sri Ram Sene

*By Kavita Krishnan*

26 October, 2009
*Countercurrents.org*

‘Love Jehad’ is a new phrase coined by the Sangh Parivar – that is being
echoed in courtrooms and cabinets across the country. The Sangh Parivar has
claimed that thousands of Hindu girls are being lured by Muslim boys into
conversion to Islam and recruitment into ‘jehadi’ outfits. And what is
extremely worrying is that the Kerala HC, Karnataka HC and even the
Maharashtra Government have expressed the same sentiments.

The Kerala HC made its comments on ‘Love Jehad’ in the context of two cases
where Hindu women had eloped to marry Muslim men. The women’s parents had
filed complaints claiming the women had been abducted, and the Kerala High
Court ordered them to stay with their parents for a week. At the end of the
week one of the women had given a statement claiming she had been
brainwashed into adopting Islam and shown ‘jehadi’ CDs. Based on this single
statement, the Kerala HC chose to order the Kerala Government and the Union
Home Ministry to probe what it alleged was a nationwide ‘Love Jehad’ racket.
Following this, the Karnataka HC passed similar observations in the case of
a 23-year old woman civil engineer who told the Court clearly that she had
converted to Islam of her own accord and wished to marry her lover Ashgar
and live with him. The HC chose to suspect the veracity of the woman’s
statement, ordered her to stay with her parents, and ordered a probe by the
Karnataka police saying the matter had ‘national ramifications concerning
security, besides the question of unlawful trafficking of women.’ Earlier,
the Congress-NCP Government of Maharashtra had passed an order to
investigate into every case of Muslim men marrying Hindu women, alleging a
trafficking racket, but had to withdraw this probe in the face of protest.

The Kerala State DGP has submitted a report to the Kerala HC declaring that
there is no evidence of any ‘Love Jehad’ movement anywhere in the country.
Karnataka’s Dakshina Kanada district police has also busted the myth of
‘Love Jehad.’ Recently when Anitha (22) went missing in June this year,
Sangh Parivar organisations claimed that she was forcibly converted to Islam
by a Pakistan-backed, professional ‘jehadist lover’. The police, however,
established that Anitha was poisoned to death by Mohan Kumar, a serial
killer arrested on October 21, who allegedly confessed to having murdered
her and robbed 17 other women by luring them with offers of marriage. A top
police official told an English daily: “By cracking the Anitha case, we
hoped to put an end to this ‘Love Jehad’ controversy once and for
all….certain fundamentalist groups that have been carrying out vigilante
attacks against inter-community couples for several years have now started
using the ‘Love Jehad’ theory to justify their attacks.”

Let us recall that in innumerable cases of inter caste/inter religious
marriages, where the girl has voluntarily married, her parents have falsely
accused her of being an “abducted”, “brainwashed” minor, and have
pressurized her into denying the relationship. Nari Niketans in every city
are full of adult women imprisoned for months because their parents have
accused them of being minors; the Nari Niketans separate the women from
their husbands but freely allow their own parents to meet and coerce them.
In the Nitish Katara case and Rizwanur Rehman case, the girls (Bharati Yadav
and Priyanka Todi) eventually refused to complain against their fathers and
brothers, even after overwhelming evidence that their lovers had been killed
or forced to commit suicide in cold-blood. The Kerala and Karnataka HCs has
absolutely no right to order adult women to stay with their parents;
statements taken by such women in forced parental custody are certain to be
taken under coercion, and the Courts are highly irresponsible to make such
statements the basis for sweeping orders that perpetuate communal myths
without a shred of evidence. Such “enquiries” into every marriage of a Hindu
man with a Muslim woman – be it by Courts or the Maharashtra Government
–violate the Constitutional right to privacy and choice in matters of
marriage, enshrined in Article 21 of the Constitution, and upheld by
numerous Supreme Court verdicts.

Let us also remember that the Sangh Parivar leader Babu Bajrangi of Gujarat
boasts of having ‘rescued’ thousands of women who have married outside the
caste or community, and forced them to give up their husbands. Sadhvi
Pragya’s organization too used to indulge in the same activity. And the Sri
Ram Sene in the Dakshin Kanada district has indulged in innumerable attacks
on Muslim and Hindu women who befriend each other – one young 15-year old
schoolgirl even committed suicide after public humiliation by the Sene. The
Courts’ observations provide a shot in the arm for the Sri Ram Senes and
Babu Bajrangis – they can now claim their attacks on women are acts of
‘nationalism.’ We wonder why neither the Courts never pass orders to ban
Khaap panchayats and the Sri Ram Sene; why Courts never order enquiries into
suspected cases of honour killing, but the same Courts are so eager to fan
up communal and anti-women flames by making irresponsible comments about
‘Love Jehad’?

‘Love Jehad’ is a communal fantasy – a new pretext to attack the freedom of
women to love and marry by choice, and to witch-hunt Muslim men. In the name
of ‘Love Jehad,’ every Rizwan-ur-rehman can be branded a terrorist; every
Priyanka’s right to choose can be denied on the grounds that she is
‘brain-washed’ by jehadis; every police officer as well as every Pramod
Muthalik justified in harassing the Rizwans and Priyankas in the name of
‘national security.’

Women all over the country will certainly defy and resist any attempt – be
it by Court or any government to police their freedom, or to bring their
loves and marriages, irrespective of community, under any scanner.

*[email protected]*

(The writer is Secretary, All India Progressive Women's Association -
AIPWA)
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