Table of Contents

• INTRODUCTION

• CHAPTER 1: Love jihad

1.1. What is Love Jihad?

1.2. Love jihad violating the right to profess the religion

1.3. Love jihad violates the right to propagate religion

• CHAPTER 2: Analysis of anti-conversion

2.1. Anti-conversion bill will help to reduce the love jihad

2.2. Anti-conversion as an infringement of Right to Freedom of Religion

• CHAPTER 3: Gender neutrality of anti-conversion bill

• CONCLUSION
CHAPTER 1 LOVE JIHAD

What is love jihad?

In India the most acrimoniously controversial subject is religion, which may sometimes lead to
unnecessary heat or controversy and sometimes may cause riot also. Today’s freedom extends
not only to the holding of specific beliefs, but also to the lack of belief in religion. The Right to
Freedom of Religion has been enshrined in the Constitution through Article 25, Article 26,
Article 29 and Article 30. Article 25 deals with the right to freely to profess, practice and
propagate ones religion. Article 26 deals with the establishment of religious and charitable
institutions by religious denominators. Article 29(1) deals with Sections of citizens have the right
to have their own unique language, script, or culture.

These Articles of the Constitution of India ensures that every individual gets the right to follow
and spread their own religion. However, the activities and beliefs which could be included in
religion is the issue generally faced in India. In India, Religion is not merely a set of beliefs but it
is activities, beliefs and practices which are related to religion. Thus, defining activities which
are secular from those which are religious is challenging and controversial. The problem of
distinguishing between religious activities and secular activities arises every time when an act is
legislated to regulate certain activities which has some connection to religion.

Love jihad can be described as a supposedly common practice when Muslim males seduce
Hindu women into marriage and conversion to Islam. It is not only one through but by seduction,
feigning, love, deception, and kidnapping. Whether love jihad can be considered as a violation of
any fundamental rights? Love jihad has the potential to violate a person's rights, including their
right to life and their freedom to practice their religion, as well as the secularity which is a part of
the basic doctrine structure. In love jihad, people impose their religion on others through various
means such as coercion, marriage, or any other illegal method. However, not every religious
conversion can be considered an infringement of rights; some may have occurred through a legal
process with the permission of the individual converting his/ her religion. A law is needed to
reduce coerced or forced conversions through marriage while not infringing on the rights of
others who are converting their religion with their own consent.
1.2 Love jihad violation of right to profess the religion

Right to profess one's religion is a basic human fundamental right provided by the Indian
Constitution to every individual within the Indian Territory in order to maintain the concept
of secularity of the country, which is a part of the basic structure doctrine. Right to profess
comes with right to practice, one can profess or follow the religious he is willing to follow
and is allowed to practice the same. If a person is practicing a certain religion he can
propagate or spread his religion. Spreading or propagating ones religion is well within ones
right to freedom of religion.

If a person is following a certain religion, practicing its rituals and customs, and spreading it,
he or she must remember not to violate anyone else’s rights, whether it is the freedom to
practice their religion or their right to live their life their own way. Certain restrictions on
religious freedom can be imposed when it comes matters relating to public order, morality,
and health.

Religious practice is preceded by religious profession. People usually starts by professing a

religion then practice their customs and rituals and then people spread their religion by
telling other and persuading them to convert into their religion in order to increase their
religious followers.

In the cases of love jihad people are who are forcing others to convert their religion through
means which may not be legally correct will lead to infringement of fundamental rights
relating to religion and life. People who get converted into other religion without consent
have their rights infringed to profess and practice their own religion. However not every
conversion done in marriage can be considered as forced or coerced, some may be legally
done.

Freedom of religion is very important for the people because everyone had different beliefs
and the matters of religions can be considered as a subjective.
1.3 Love jihad violates the right to propagation the religion

Right to propagation is a fundamental right guarantee to every person in India territory.

People are free to propagate any religion as long as it is done legally not done in order to
cause riot or hatred towards other religion. The issue here is whether love jihad violates
anybody’s fundamental rights, whichever it may be, as people are trying to spread their
religion by forcing or coercing others to convert into their religion through marriage and
other means. Religious propagation can be considered as a person’s religious duty to spread
what one perc