‘Influenced by politics’: Why a Muslim man’s conviction for ‘love jihad’ is bad in law
The complainant’s retraction of her claims and the lack of substantial evidence does not meet the strict ‘beyond reasonable doubt’ standard of criminal law.
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The controversial conviction of a Muslim man by an Uttar Pradesh court, which claimed that his marriage to a Hindu woman was a case of “love jihad”, is bad in law and likely to be set aside on appeal, legal experts have said.
“Love jihad” is a Hindutva conspiracy theory that Muslim men are waging a campaign to lure Hindu women into marriage in order to convert them to Islam.
On September 30, sessions judge Ravi Kumar Diwakar found 26-year old Mohammad Aalim guilty of raping a 23-year old woman several times and sentenced him to life imprisonment. Aalim was also fined Rs 1 lakh. Section 376(2)(n) of the Indian Penal Code prescribes imprisonment for life – defined as “imprisonment for the remainder of that person’s natural life” – as the maximum punishment for repeatedly raping the same woman.
Aalim’s father was given a two-year jail sentence.
“The primary aim of ‘love jihad' is to alter demographics and stir international tensions, driven by radical factions within a religious group,” the judge said. “Essentially, it refers to the deceptive conversion of non-Muslim women to Islam through fraudulent marriages.”
The court pronounced the harsh sentence despite the complainant rescinding her testimonty. She told the court that she had filed the case under pressure from Hindutva...
