‘Judiciary should do away with the 30-day notice’

As several states are taking a tough stance on Love Jihad, Delhi-based NGO  Dhanak decided to organise a virtual press conference to bust myths and educate the public about this concept.
Screenshot of Dhanak’s virtual event on Love Jihad
Screenshot of Dhanak’s virtual event on Love Jihad

As several states are taking a tough stance on Love Jihad, Delhi-based NGO  Dhanak decided to organise a virtual press conference to bust myths and educate the public about this concept. This was a prelude to their annual event SAHAS, on February 12. Married couples and those in the process of tying the knot, from Uttar Pradesh, West Bengal, Madhya Pradesh, Bengaluru and Gujarat, participated in the virtual event, but “one couple from Maharashtra withdrew at the last minute out of fear,” said Dhanak’s co-founder, Asif Iqbal. 

State governments have started taking interest in  this, he explained. “If we look at history, we have the Special  Marriage Act (SMA). Any person, irrespective of any religion or caste  can use the SMA for marriage solemnisation and registrations. Once the  marriage is solemnised, it becomes civil and will not be governed by any  religious personal law. But this act has its own challenges. A one-month notice is sent and you have to prove your jurisdiction. And one has to change the religion, and sadly only girls are forced to do that,” Iqbal added.

Adil from UP and Varsha from Gwalior, who are in the process of getting married are scared. “The police come to my house and beat up my relatives, and I am getting threats,” added Adil. Even at the virtual event, some people joined it and threatened the couples that their  names have been noted and they will have to pay the price, but they were removed at that very moment.   Iqbal said, “As an  organisation, we are clear that there is no need of conversion for  marriage, and we are helping such couples get married. We don’t just limit ourselves to this because we work on the issue of Right to Choose, forced marriage and honour crime. We want to bring the relationship to the level of equality.

 It is challenging for couples to come forward and talk about it. There is a 2018 SC guideline that every state should have a safe house for such couples. We got it done in Delhi but many states are ignoring the Act and making ordinances, thus making it miserable for couples.”  UP residents Simran and Mohammed Shamim are also vocal about their plight. “The  laws made in UP and MP are bad. Everybody has the right to freedom, and the government cannot bind us. When this ordinance was announced, I had thought I had lost Simran. That’s why I left UP, and  got help from Dhanak,” said Shamim, who left with Simran from UP on December 11.  

While for some it was relatively easy because of the  leniency in some particular states, most of them had a tough time. Saili and Ayan got married one year back in Bengaluru under SMA. Their  families were okay with them getting married. “But they have distanced  themselves due to society’s pressure,” added Ayan. When Rashid and  Neha (names changed) from MP got married under Arya Samaj in March 2020, the Muslims running shops in  the area were forced to empty them. “The Jain Samaj started carrying out rallies  even though I had given my statement to the police. We are still living under a  changed name because registration is under process,” she added. 

UP  residents Akanksha and Shoaib, who got married six years ago and now live in Noida, feel challenges have always been there. “Further, the  ordinance is creating an even more difficult situation. Office bearers act as if they are the law,” he added. Offering his two bits to these  problems, Iqbal said that the judiciary should do away with the 30-day  period notice. “This will help to end a lot of problems associated with the Act. The courts should also take notice of authorities working wrongly and  act against them, and there is a need for safe houses in all states,  which are there in Delhi and Haryana at present,” Iqbal said. 

This event was followed by Dhanak’s annual event SAHAS 2021 on Sunday evening to mark Valentine’s Day, where 200 such interfaith couples participated and 43 of them were  felicitated.  The annual publication of Dhanak was released on the day, and a cultural show was also presented by Dhanak members.

Related Stories

No stories found.

X
The New Indian Express
www.newindianexpress.com