Proposed drafts to reduce "love-jehaad" problem (28-Apr-2012) No.1

April 28, 2012

https://www.facebook.com/mehtarahulc/posts/10150690528486922

Proposed drafts to reduce "love-jehaad" problem

Pls google on Love-Jihaad and you will find 100s of articles describing the problem. So I will skip problem description. As per the causes, most leaders dont want to let their activists know that bad laws are the problem and solution is fixing the bad laws. So the leaders such as RSS-leaders, BJP-leaders, VHP-leaders etc insist on telling activists that "do not focus on law-change, focus on spreading information about problem so that votes can be generated in favor of BJP".

I will explain how bad-laws have increased the problem and fixing these laws can reduce the problem. The solution I propose is to enact following law

----> Say a girl of religion-A at birth and marries boy of different religion-B after or without conversion, then if the marriage goes sour, then the girl can claim relief under law of religion-A or religion-B, as she wishes. IOW, even if she has converted to religion-B, she will have right to choose marriage act of religion-A.

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One assymetry in the existing laws is that a muslim boy has nothing to lose and hindu girl has everything to lose if the marriage goes sour. Because the boy can have one more wife, or say Talaq-Talaq-Talaq and end the marriage or threaten to say TTT and keep control. Whereas if a hindu boy marries muslim girl, and marriage goes sour, then there are several laws such as 498A, Domestic Violence Act etc which can come as relief to the girl. So a muslim boy doesnt need to worry about possibility of marriage going sour while a hindu boy has all to worry.

The assymetry can be removed by enacting a FAIR law that widens the choice to girl. How? Say a muslim girl marries hindu boy and marriage goes sour. Then new law should allow her to use any of the two -- hindu marriage act or muslim marriage act --- as per her choice. She will use hindu marriage act, as that gives her stronger position.

And same way, if hindu girl marries muslim boy and if the marriage goes sour, then the hindu girl should be allowed to use any of the two -- hindu marriage act or muslim marriage act --- as per her choice. The choice will remain even if she has converted to islam. Obviously, she will use hindu marriage act. That would enable her to void Talaq-Talaq-Talaq, invoke 498A, invoke DVA, void polygamy and so forth.

Once the above mentioned new law comes, the muslim boy will NOT be able to show a "why bother about possibility of marriage going sour" attitude. He will start using discretion prudently. And this will reduce the mess.