[JAN] Love jihad Ordinance (U.P.)

Question 1

What are the pre-conditions to be satisfied before the Governor promulgates an ordinance?

Answer 1

first, the State Legislature should not be in session; circumstances should exist for promulgating an ordinance and importantly, those circumstances must warrant immediate action.

Question 2

Section 3?

Answer 2

prohibits conversion or attempt to convert any person from one religion to another by coercion or fraud etc. or by marriage.

Question 3

Section 7?

Answer 3

provides that upon receiving information (it may be fake
news) that a religious conversion is designed to take place, a police officer is authorised under the Criminal Procedure Code without orders from a Magistrate and without a warrant, to arrest the person so designing, if it appears that the commission of the offence cannot be otherwise prevented.

Question 4

Section 8?

Answer 4

Should someone genuinely desire to convert but not get married, that person would have to inform the District Magistrate (DM) two months in advance of the plan through a declaration,

Question 5

Section 9?

Answer 5

Assuming conversion is not objected to, even thereafter the DM must be informed by the converted through a declaration under
Section 9. Interestingly, the DM is expected to exhibit the declaration on the notice board of the office till the contents of the declaration are confirmed. Meanwhile,
the ubiquitous aggrieved person has an opportunity to object to the conversion.

Question 6

Section 12 ?

Answer 6

provides that the burden to prove the conversion was

not on account of coercion, fraud, etc. or by marriage will be on the person who has caused the conversion.

Question 7

Update?

Answer 7

25 Feb -> Law is made out of this ordinance

Question 8

Why controversial?

Answer 8

Allahabad high court said(Salamat Ansari-Priyanka Kharwar case) -> right to choose a partner or live with a person of choice was part of a citizen’s fundamental right to life and liberty.

Question 9

Article 21?

Answer 9

guarantees individuals the right to marry a person of one’s choice.

Question 10

Article 25?

Answer 10

freedom of conscience, the practice and conversion of religion of one’s choice including not following any religion, are also guaranteed.

Question 11

issues with law

Answer 11

-use of open-textured phrases such as “undue influence”, “allurement” and “coercion”