Love Jihad angle brought by religio-political groups: Inter-faith couple moves Gujarat High Court

The Gujarat High Court on Wednesday asked the State why it was opposed to quashing of an FIR registered against an inter-faith couple under Sections 4 & 5 of the Gujarat Freedom of Religion (Amendment) Act, 2021 ( Divyaben v. State of Gujarat ).

. Justice Ilesh J Vora passed the order in a petition filed by the couple after the woman informant approached the Gotri Police Station in Vadodra to complain about a petty matrimonial issue that she believed would be covered under Section 498A ( Cruelty ) of the Indian Penal Code (IPC).

However, the petition stated, due to the intervention of certain “religio-political” groups, the matter was communalised and the “love jihad” angle was brought in.

. It was further stated that due to the “overzealousness” of police officers involved, grossly untrue facts and offences never mentioned by the woman were inserted in the FIR. These included heinous offences under the IPC.

As submitted in the plea, the FIR records completely incorrect facts regarding sexual assault, forcible miscarriages, domestic violence and using of casteist slurs by the accused, even though no such allegations were made by the woman.

. The petitioners moved the Court seeking quashing of the FIR, submitting that the issue was resolved between the parties and that the couple wished to continue their matrimonial relationship.

. The accused under the FIR include the woman’s in-laws, the qazi (priest) who married the couple and the witnesses. All except one of the accused, who was granted bail, are under judicial custody.

It was also interestingly pointed out that even though the woman's father was a witness to the marriage registration, he had not been arraigned as an accused. Therefore, it is evident that the entire action of the police is communally biased .

. The couple was married on February 16, 2021, in the presence of their parents and family members. Shortly after the wedding, an affidavit was executed between them that the marriage was without any coercion and out of their free will.

. The matter has been listed for further hearing on September 20 by which time the State is required to submit its response. Advocate Mohammed Isa Hakim represented the applicants.

. The operation of the controversial Gujarat Freedom of Religion (Amendment) Act, 2021 was recently stayed by a Bench of former Chief Justice Vikram Nath and Justice Biren Vaishnav on August 19.

“Sections 3, 4, 4A to 4C, 5, 6, 6A shall not operate merely because the marriage is solemnised by a person of one religion with another without force or by allurement or by fraudulent means and such marriages cannot be termed as marriages for the purposes of unlawful conversion," the order stated.

.Gujarat Freedom of Religion (Amendment) Act, 2021 will not apply to inter-faith marriages unless there is force, fraud, allurement: Gujarat HC. [Read Order Here]

Love Jihad angle brought by religio-political groups: Inter-faith couple moves Gujarat High Court

Shagun Suryam

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