Policing Interfaith Marriages: Constitutional Infidelity of the Love Jihad Ordinance

Abstract

AbstractThe Indian Constitution guarantees that individuals have the freedom to choose their partners free from state interference. However, the Uttar Pradesh Vidhi Virudh Dharma Samparivartan Pratishedh Adhyadesh, 2020 (Uttar Pradesh Prohibition of Unlawful Religious Conversion Law, 2020) prohibits religious conversion to the extent that it assumes all conversions are illegal, which may have a negative impact on interfaith marriages involving consenting adults. The author argues that the provisions of the Uttar Pradesh Ordinance forbidding religious conversion are vague and inadequate for addressing forceful or unlawful conversion for marriages, do not demonstrate any reasonable relation to the object of the legislation, and are constitutionally repugnant. The author concludes that by conferring police powers on state agencies to intervene in interfaith marriages, the Uttar Pradesh Ordinance erodes citizens’ freedom to choose a partner and their individual autonomy, privacy, and personal liberty—rights that are enshrined under India’s constitution.