Love Jihad: Victimization of Women through Media ; Violation of their Basic Human

Rights

Introduction

The women, especially young girls are at the receiving end throughout the country. Many
women have felt that the media coverage of violence against women is like a double attack,
because media lacks sensitivity while covering the news related to women‟s issue. Their
pictures, personal details and names are published by violating privacy of victims. The media
covers the violence against women in a very sensational, exploitative way just to sell the news
thus lacks the serious analysis of the cases. The role of media is crucial to the issue of violence
against women, both in terms of how media cover the issue and what it covers actually?

The sensational portraying of the women not limited to cases of violence against women alone
but media is covering „inter- religious marriages‟ also in highly irresponsible manners. Now the
Media houses have started loving to hate ‘Love’.

When Gandhi ji had dreamt of a responsible Press, he would not have dreamt of paid media and
corrupt media age where the sole criteria of publishing/broadcasting any news are „TRP‟.
Where „Bad News‟ is „Good News‟ and „Good News‟ is „No News‟ at all.

According to Mahatma Gandhi, „„the sole aim of journalism should be service. The newspaper is
a great power, but just as an unchained torrent of water submerges whole countryside and
devastates crops, even so an uncontrolled pen serves but to destroy. If the control is from
without, it proves more poisonous than want of control. It can be profitable only when exercised
from within.‟‟1

Inter religious love marriages are facing heat of this highly irresponsible and negative media
coverage which is instigated by imaginary and motivated concept like Love Jihad. Now love
marriages are considered „Love Jihad‟ by a section of media and that is limited to only selective
cases where girl happen to be of majority community. If girl is Muslim in a particular case then
for media it is not Love Jihad but it is „Ghar Wapasi‟ (Home coming).

What is Love Jihad?

1
Gupta V.S., Journalist Gandhi, Mahatma Gandhi and Mass Media, Emp News, vol. xxvi, dated -29 September-5
October, retrieved online, (2001) International Research Journal of Social Sciences

Electronic copy available at: https://ssrn.com/abstract=3576061

What is „‟Love Jihad,‟‟? National Commission for Women (NCW) former Chief Lalitha Kumara
Mangalam had said that it was an unimportant issue and played up by the media and "It is just
media hype...if (media) stop writing about it, people will stop speaking.2
Defined in media terminology terms „Love Jihad‟ is a movement to convert “vulnerable” Hindu
girls to Islam, to decrease the population of Hindus and increase Muslim numbers in the country.
3

Origin and Development of Love Jihad controversy

According to famous social activist Harsh Mandar, Gujarat riots accused Babu Bajrangi, used the
term „Love Jihad‟ in 2006. According to Harsh Mandar, „„Organizations … have depicted
Muslim men as lustful sexual predators right from the 1920s and that Muslim boys in large
numbers are sexually harassing Hindu girls.‟‟4
With the help of regional media outlets and local channels „Love-Jihad‟, arrived in the public
discourse in the year 2009 in southern states like Kerala and Karnataka.

In Karnataka, where the term was first used publicly to decry a love marriage, the High Court
closed the investigations into „love jihad‟ started by the Silja Raj case.
State government said in the court “there are no cases of love jihad” and that investigations
would be carried out if any cases were reported.5

In Kerala, in January 2012, Director-General of Police Jacob Punnoose confirmed before the
High Court that no concrete evidence was there to establish that „Love Jihad‟ was operating in
the State. Love Jihad was "[a] campaign with no substance", bringing legal proceedings instead
against the website hindujagruti.org for "spreading religious hatred and false propaganda. 6

In Uttar Pradesh, police found no evidence of attempted or forced conversion in five of six
reported "Love Jihad" cases.7

In 2013, in Meerut, NDTV reviewed police data from rape cases in Meerut district from January
to August in 20014, there were 37 cases. Out of these in only 7 cases, the accused are from the

2
'Love jihad' is media hype, unimportant issue: NCW chief, TNN | Nov 15, 2014, 06.37 AM IST, Times of India
Nov 15, 2014 Online edition.
3
„Who loves Love Jihad, by Lalmani Verma , Johnson T A | Updated: September 7, 2014 11:43:02 am
,https://indianexpress.com/article/india/india-others/who-loves-love-jihad/
4
The truth about love jihad by Harsh Mander 16 Oct 2014, 08:16 PM
https://www.livemint.com/Opinion/LeB6Xvk205tYUq1x0ZW9wL/The-truth-about-love-jihad.html
5
Who loves Love Jihad IndianExpress.com Written by Johnson T A , LalmaniVerma | September 7, 2014 11:43 am
6
Padanna, Ashraf (4 January 2012). "Kerala police probe crack „love jihad‟ myth". The Gulf Today. Archived from
the original on 2013-12-11
7
Reuters story on Love Jihad, www.reuters.com/.../us-india-religion-modi-insight-idUSKBN0GZ2NH2...

Electronic copy available at: https://ssrn.com/abstract=3576061

minority community. In all the remaining cases, the accused are from the majority community.
Of the total number of accused, 58 are Hindus and 13 are Muslims.8

According to this report, at Meerut College, the oldest in the city, the young women say they
have never heard about 'love jihad', responding to question with bemused puzzlement.9

Media as a tool to violate women’s right: Tale of two cases

Under the Constitution of India, freedom of the media is part of the freedom of speech
guaranteed by Article 19 (1) (a). However, no freedom can be absolute, and reasonable
restrictions can be placed on it.

1. Hadia Case of Kerala:

In 2017, after the Kerala High ourt ruled that a marriage of a Hindu woman to a Muslim man
was invalid on the basis of ''Love jihad''. The case pertains to a 25-year-old woman from
Kerala, who married ShafinJahan after converting to Islam. The High Court nullified this
marriage and ordered police to probe into such cases. On appeal, the Supreme court remarked
that a father cannot have control over a 25-year-old woman. 10
Supreme Court bench, dismissed the involvement of the so-called „love jihad‟ in the case,
terming it only a “catch phrase,” which, the bench made clear it doesn‟t subscribe to.11 In March
2018, the Supreme court restored Hadiya's marriage, 10 months after the Kerala High Court
annulled it.

2. Fake ‘Love Jihad’ case of Muzaffarnagar in 2013

The dominant narrative spread by Local Hindi Newspapers surrounding the communal violence
which inflamed Muzaffarnagar in 2013 after that the stalking of a Jat Hindu girl by a Muslim
boy spurred mass anger and retaliatory violence. With the help of unconfirmed and baseless
stories published by Hindi Papers like Dainik Jagran and Amar Ujala, this story weaves into a
mega-narrative of love jihad. 12

8
NDTV story on Love Jihad http://www.ndtv.com/india-news/love-jihad-bjps-claims-for-uttar-pradesh-dont-add-
up-654999
9
The „new and improved‟ Love Jihad formula, unethical media and „social science‟ votaries
OCTOBER 26, 2014 Kafila Magazine accessed on 26 th October at http://kafila.org/2014/10/26/the-new-and-
improved-love-jihad-formula-unethical-media-and-social-science-votaries
10
"Top Counter-Terror Agency, NIA, To Probe Kerala 'Love Jihad' Marriage.", NDTV, 16 August 2017 available at
http://www.ndtv.com/india-news/supreme-court-asks-nia-to-examine-kerala-love-jihad-cites-blue-whale-1738417
11
Kerala „love jihad‟ case is an example of Islamophobia and misreporting, By MuhammedSabith, The Milli
Gazette Online Published Online: Aug 22, 2017 available at http://www.milligazette.com/news/15817-kerala-love-
jihad-case-is-an-example-of-islamophobia-and-misreporting
12
The truth about love jihad, 16 Oct 2014, 08:16 PM IST Harsh Mander
https://www.livemint.com/Opinion/LeB6Xvk205tYUq1x0ZW9wL/The-truth-about-love-jihad.html

Electronic copy available at: https://ssrn.com/abstract=3576061

It does not matter that this story of sexual harassment of a Hindu girl in Muzaffarnagarhas now
proved to be a fabrication. The first information report filed by the families of the murdered Jat
boys never mentioned stalking, only a motorcycle accident involving Shahnawaz and Sachin.
Sachin‟s sister testified on NDTV and said she has never been to Kawwal nor does she know
Shahnawaz13.

Some examples of Role of Media:-

There are examples of news titles that How the Newspapers and News websites published false
and baseless stories aboutinter-caste marriages. How they treat the girls?

 On 27 Dec 2014, Bhaskar Newspaper published a story titled, „Sansani Bana Tara
Rakibul Love Jihad Parkaran‟‟ , ‘Tara Rakibul Case created sensation’.
 Bikimedia.com published highly disputed news titled, ‘Produce 40 puppies and spread
Love Jihad’02 Feb 2015.
 „Pravakta.com on 20th Jan 2015 published highly sensational story, „India is destroyed by
Love Jihad’.
 Webdunia.com, published, „Three hundred girls will explain the reality of Love Jihad’.
 Hindujagruti.org against which action was also initiated by Kerala Police is on the
forefront of publishing false and baseless stories depicting False Love Jihad.
 On 08 Jan ‟15 IBN7 published a story titled, VHP ke Love Jihad ka Shikar Kareena,
Photo Chapi, Kareena became the victim of VHP‟s Love Jihad, picture published.
 On 24th Feb 2015, Aajtak.in glorified the violence against Muslim student in Karnataka,
published a story titled, Hindu Ladkiyon ke sath Tasveer Khinchayi,phir khayi
pitayi‘Photographed with Hindu girls, then got beaten’.

Like viz Electronic Channels conducted debates, discussions and talk shows on the non-
issue of Love Jihad to earn TRP. They compromised all the Journalistic ethics in this race to
get more and more TRP.

An organized campaign against Inter-caste marriages

A Cobrapost.com and Gulail.com investigation reveals how the some fundamentalist

organizations with the help of media use violence, intimidation, emotional blackmail, duplicity
and drugs to split up Hindu–Muslim married couples.14

13
The Mystery of Kawwal: Were Muzaffarnagar riots based on distortion of facts? by Sreenivasan Jain (with inputs
from Niha Masih, Tanima Biswas) | Updated: September 14, 2013 18:00 IST https://www.ndtv.com/india-news/the-
mystery-of-kawwal-were-muzaffarnagar-riots-based-on-distortion-of-facts-534608

Electronic copy available at: https://ssrn.com/abstract=3576061

Reverse Love Jihad-
Various fundamentalist organizations or groups are announcing that they will help marry Muslim
women to Hindu men and that they would provide both financial and social security to the
newly-weds.
Cases of reverse Love Jihad were reported from various parts of Uttar Pradesh where members
of one fundamentalist organisation were found involved in rape and abduction of Muslims
women. The number of abducted women is growing and according to report published by DNA
news- paper online edition written by Shweta Desai with the title, „Reverse Love Jihad surfaces
in U.P, and between 2014 and October 2016‟, 389 cases of underage girls missing or kidnapped
were registered by the district police.15

Women’s Position
Scholars are of the opinion that allleging „Love Jihad‟ in marriages not only snatches away the
right of sexual self-determination of women, but also makes women vulnerable to honor killings,
ostracisation and shaming whenever they are transgressive.

Many think that it is a step to discourage and preventyoung women‟s role in the public life and
limit their access to public space. Women activists argue that people creating a ruckus over
alleged „Love Jihad‟ cases completely overlook the fact that Hindu women can also willingly fall
in love with a Muslim man.

Lawyer and activist Vrinda Grover, social activist Teesta Setalvad, and activist Shabman Hashmi
of Act Now for Harmony and Democracy (ANHAD), said despite conservative diktats, inter-
religious marriages had been a part of the Indian milieu for a long time and might, in fact, help
build a “united and strong India in the future”.16

According to Dr. Charu Gupta, Associate professor of history at Delhi University, „The whole
campaign treats women as if they are completely foolish, with no mind or heart of their own, and
so stupid that they can be wooed with a mobile phone or something like that. On the other hand,
it shows anxiety because women are asserting their freedom. Of course, women are duped but by
Hindu men as well as men of other religions. ‟.17

14
Operation Juliet: Busting The Bogey Of “Love Jihad” on
July 1, 2016 By ShaziaNigar, Shishupal Kumar available athttp://www.cobrapost.com/investigation/operation-
juliet-busting-the-bogey-of-love-jihad/4
15
Reverse love jihad surfaces in UP by SHWETA DESAI | Updated: Jan 9, 2017, 07:35 AM IST, DNA available at
http://www.dnaindia.com/india/report-reverse-love-jihad-surfaces-in-up-2290453
16
Amid rage over „Love Jihad‟ what about what women want? By AbhishekSaha published in online edition of
Hindustan Times on Sep 02, 2014 16:14 IST is available at http://www.hindustantimes.com/india/amid-rage-over-
love-jihad-what-about-what-women-want/story-shtlZm05QbzlbKUUhI6vGM.html
17
Ibid

Electronic copy available at: https://ssrn.com/abstract=3576061

Reasons of inter-caste marriages:
There are two factors here. One, conversions are a constitutional right of every citizen. Those
who have been on the margins, such as Dalits or even widows, have converted because they felt
they could get a better life - would we call that forced?

The other is the way the Special Marriage Act is structured, where you need to display a notice
publicly for a month and so on. Muslim families oppose inter-religious marriages as much as
Hindu families and the couple in question would be facing a lot of opposition, So, sometimes,
conversions could provide an easier way out. There are also instances of the woman converting
in name only, and where the couple enjoys a syncretic marriage.18

Special Marriage Act is basically the legislation formalized to give validity to few specific
marriages which are declared as void or voidable under the provisions of various personal laws.

Due to this feature of the act, it is one of the most secular laws in civil matter of an individual.
This step can further help in strengthening good relationship between various castes and
religions.

Protection of Women’s Right under International Law:-

The United Nations Declaration on the Elimination of Violence Against Women defines
Violence Against Women as such, „„Violence against women is a manifestation of historically
unequal power relations between men and women, which have led to domination over and
discrimination against women by men and to the prevention of the full advancement of women,
and that violence against women is one of the crucial social mechanisms by which women are
forced into a subordinate position compared with men‟‟19.

Preamble to the Universal Declaration of Human Rights (UDHR), 1948.

Women‟s rights have been recognized expressly in the Preamble of the UDHR in Para 5.

Whereas the peoples of the United Nations have in the Charter reaffirmed their faith in
fundamental human rights, in the dignity and worth of the human person and in the equal rights
of men and women and have determined to promote social progress and better standards of life
in larger freedom.20

18
Love Jihad campaign treats women as if they are foolish: Charu Gupta, Interview with Associate professor of
history at Delhi University, by IndulekhaAravind Last Updated at September 6, 2014 20:39 IST available at
http://www.business-standard.com/article/beyond-business/love-jihad-campaign-treats-women-as-if-they-are-
foolish-charu-gupta-114090600699_1.html
19
48/104, Declaration on the Elimination of Violence against Women, The General Assembly available at
http://www.un.org/documents/ga/res/48/a48r104.htm
20
UDHR at UN website http://www.un.org/en/universal-declaration-human-rights/

Electronic copy available at: https://ssrn.com/abstract=3576061

Article 16, Universal Declaration of Human Right 21-

„„States Parties shall take all appropriate measures to eliminate discrimination against women in
all matters relating to marriage and family relations and in particular shall ensure, on a basis of
equality of men and women:-

(1) Men and women of full age, without any limitation due to race, nationality or religion, have
the right to marry and to found a family. They are entitled to equal rights as to marriage, during
marriage and at its dissolution.
(2) Marriage shall be entered into only with the free and full consent of the intending spouses.
(3) The family is the natural and fundamental group unit of society and is entitled to protection
by society and the State.‟‟

Article 23 of the International Covenant on Civil and Political Rights 1966:

ICCPR recognizes rights of women in clear and unequivocal terms.22

(b) The right of men and women of marriageable age to marry and to found a family shall be
recognized.

Judicial position in India:

The right to marry is a component of right to life under art 21 of constitution of India which says,

“No person shall be deprived of his life and personal liberty except according to procedure
established by law”.

In case of Latasinghv.state of Uttar Pradesh23, the Supreme Court viewed the right to marry
as a component of right to life under Art 21 of Indian Constitution the court observed that:

“This is a free and democratic country, and once a person becomes a major he or she can marry
whosoever he/she likes. If the parents of the boy or girl do not approve of such inter-caste
marriage the maximum they can do is that they can cut off social relations with the son or
daughter, but they cannot give threats or commit or instigate acts of violence and cannot harass
the person who undergoes such inter-caste marriage”.

SC in Arumugam Servai v. State of Tamil Nadu24, held that Inter-caste marriages are in fact
in the national interest as they will result in destroying the caste system.” The Court
observed that:

“We sometimes hear of „honour‟ killings of such persons who undergo inter-caste or inter-
religious marriage of their own free will. There is nothing honorable in such killings; in fact, they

21
Ibid
22
CCPR General comment No. 19: Article 23 (The Family) Protection of the Family, the Right to Marriage and
Equality of the Spouses https://www.refworld.org/pdfid/45139bd74.pdf
23
AIR 2006 SC 2522
24
(2011) 6 SCC 405

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are nothing but barbaric and shameful acts of murder committed by brutal, feudal minded
persons who deserve harsh punishment. Only in this way can we stamp out such acts of
barbarism.”

Privacy issue in inter-caste/interreligious marriages-

The individual who is subjectedto press or television „item‟ has his or her personality, reputation
or career dashed to the ground after the media exposure. He/She too has a fundamental right to
live with dignity and respect and a right to privacy guaranteed to him under Article 21 of the
Constitution.
The right to privacy in India was recognized in Kharak Singh v. State of Uttar Pradesh and
Others,25 wherein the apex court observed, „„Rights to privacy is an essential ingredient of
personal liberty.‟‟

In Mr. X v. Hospital Z26 the Supreme Court held,„„The right to privacy may, apart from contract,
also arise out of a particular specific relationship, which may be commercial, matrimonial or
even political..‟‟

Supreme Court in R. Rajagopal and Another v. State of Tamil Nadu and Others27 are true
reminiscence of the limits of freedom of press with respect to the right to privacy:
„„A citizen has a right to safeguard the privacy of his own, his family, marriage, procreation,
motherhood, child bearing and education among other matters. No one can publish anything
concerning the above matters without his consent - whether truthful or otherwise and whether
laudatory or critical. If he does so, he would be violating the right to privacy of the person
concerned and would be liable in an action for damages.

Thus, Indian judiciary has not only recognizes rights of individual to marry in any caste or
religion but has also accepted her right to privacy.

Media Restrictions and Ethics:-

Article 19(1a) (2) allows imposition of “reasonable restrictions” on freedom of speech and
expression on specified grounds. We have several laws that impinge on the media, but the Courts
have been aalways shown protection to freedom of speech and expressionthus have helped media
to grow.

In order to look in to the working of Press, the Press Council of India was set up by the Press
Council Act 1965.

25
(1962) SCC
26
Appeal (civil) 4641 of 1998
27
Writ Petition (C) No. 422 of 1994

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In 1984, the press council in collaboration with the Indian Law Institute came out with a
compendium of broad principles entitled “Violation of journalistic ethics and public taste” which
is a product of the adjudication of the council.

Code of Ethics of the All-India Newspapers: Journalists should observe special restraint in
reports and comments the identification of victim which may violate her privacy must be
avoided.
In the year 2010, “The Norms of Journalistic conduct” were evolved by the Press Council of
India (PCI) which includes journalistic standards (don‟ts)to be followed by journalists in course
of presenting information to the public.‟‟ 28

The right to privacy has been recognized by the Norms of Journalistic Conduct released by the
Press Council of India in 2010 which states that,

“while reporting crime involving rape, abduction or kidnap of women/females or sexual assault
on children, or raising doubts and questions touching the chastity, personal character and privacy
of women, the names, photographs of the victims or other particulars leading to their identity
shall not be published.”29

Scholars and analysts are of the opinion that „„Ethical principles must be followed by the
journalists while reporting to the public as erroneous reporting may lead to chaos,
misapprehension and fuel the prevailing injustice in the society.‟‟30

Noam Chomsky opines that most of media reporting is biased towards the affluent and the
influential class.31
Secondly dividing communities and creating misunderstanding among them and thirdly engaging
itself in obscurantist fetishes like astrology and supernatural rather than propagating rational and
scientific thinking.32

Press Council of India Chief, Justice Markendy Katju while quoting Lord Justice Leveson, has
said that: „„A section of the media acted as if its own ethical code simply did not exist; it
wreaked havoc with the lives of innocent people, there has been reckless disregard for
accuracy.”33

28
History of Press Council available at http://press council.nic.in/history.htm (2013).
29
Press Council of India NORMS OF JOURNALISTIC CONDUCT, 2010,
http://presscouncil.nic.in/OldWebsite/NORMS-2010.pdf
30
Ward J.A. Stephen, Ethical Flourishing as Aim of Global Media Ethics, Journ Studies, Routledge (2011).
31
Stark, Aaron, Media, Politics and Action, Agenda, retrieved from www.chomsky.info. (1998).
32
Muralidharan, Sukumar, Press Council as Bully Pulpit Debate on Media that could go nowhere, Economic and
Political Weekly, (Nov19), xlvi, (47) (2011).
33

Electronic copy available at: https://ssrn.com/abstract=3576061

The media people keep harping on Article 19 (1) (a) of the Indian Constitution which guarantees
the freedom of speech and expression. But they deliberately overlook or underplay Article 19 (2)
which says that the above right is subject to reasonable restrictions in the interest of sovereignty
and integrity of India, State security, public order, decency, morality or in relation to defamation
or incitement to an offence.
Madhu Kishwar, a very senior journalist herself, said on Rajya Sabha TV that many journalists
are bribable and manipulable.
Conclusion:-

The recent episodes emerging in Indian politics such as politics against Love, led by
fundamentalist organization and willingly or unwillingly supported by Media is violating the
very basic rights of right to marriage of women. It is also posing grave threat to multi-cultural
democratic fabric of the society. Media which has responsibilities to act as watch dog and to help
protect freedom, rights, justice and equality must acknowledge that irresponsible act will destroy
the very fabric of the society.

Individual of any gender, caste, religion, ethnicity, creed, race, color, etc. should have right to
choose partner. Love-Jihad hate campaign is no lesser to Manus social laws, fatwas of Taliban
regime and diktats of Khap panchayat. To build a harmonious society, existence of different
ideas must be appreciated. In India, different traditions in the past have shaped the creation of
present secular society. Media should not become a tool to violate rights of women under the
garb of freedom of speech and expression.

If Media will continue to behave in irresponsible manners, the dream of gender equality will
remain a dream and women will continue to become a subject of oppression and exploitation. It
would be better to suggest more powers should be given to Press Council of India to curb and
control these practices.

Dr. Shahnawaz Ahmed Malik,

Faculty of Law, Aligarh Muslim University Malappuram Centre Kerala India

shahnawazahmed.law@gmail.com

Electronic copy available at: https://ssrn.com/abstract=3576061