non-bailable

Madhya Pradesh Now Proposes 10 Year Jail Term for ‘Love Jihad’

The bill will provide a five-year jail term for Gurus, Priests, Maulvis and Kazis who conduct such marriages, and registration of organisations conducting such marriages will be cancelled.

Bhopal: The BJP-led government in Madhya Pradesh on Wednesday said it is proposing a jail term of ten years for anyone found guilty of using marriage to force someone to change religion.

The announcement by state home minister Narottam Mishra came a day after Uttar Pradesh government approved a draft ordinance to curb forcible or ‘dishonest’ religious conversions including those for the sake of marriage, which could land violators in jail for up to ten years.

In recent weeks, BJP-run states like Uttar Pradesh, Haryana and Madhya Pradesh have revealed plans to enact laws to counter alleged attempts to convert Hindu women to Islam in the guise of marriage, which party leaders often refer to as love jihad.

Mishra told reporters that the state government has proposed a 10-year jail term for luring, threatening and forcing someone into marriage for religious conversion, in the proposed Dharm Swatantrya (Religious Freedom) Bill 2020.

The bill draft will be presented before the cabinet in the second week of December and subsequently tabled in the state assembly during its session from December 28, he added.

He said the bill will provide a five-year jail term for Gurus, Priests, Maulvis and Kazis who will conduct such marriages, and registration of organisations conducting such marriages will be cancelled.

Also read: The History of ‘Love Jihad’: How Sangh Parivar Spread a Dangerous, Imaginary Idea<

On November 17, 2020, Mishra had said the BJP government in the state was planning to bring the bill because of the rising incidents of ‘love jihad’ and had said it proposes rigorous imprisonment for five years for luring a person through fraud and forcing marriage by religious conversion.

“The draft of this bill has a provision of a ten year jail sentence for luring, intimidating someone into marriage for religious conversion. A provision of five-year jail term is there in the draft bill for the priests or religious gurus, who solemnise such marriages without seeking the district magistrate’s nod,” Mishra said on Wednesday.

Mishra held a meeting with officials on Wednesday to discuss the draft of the bill.

“Under this proposed law, the parties concerned will have to submit an application to the district magistrate before the conversion for marriage,” the minister said.

“It will be mandatory for the person converting to another religion for marriage, and the religious persons involved to obtain the permission of the district magistrate concerned a month in advance,” he said.

“Any offence under this new proposed law would be cognizable and non-bailable. Those who help in solemnising marriages would also be treated as the main accused,” he said.

Those accused of marriage by conversion will themselves have to prove that this work has been done without any pressure, threat or allurement, he said.

The Shivraj Singh Chouhan-led BJP government had previously indicated that it would enact legislation against “love jihad”. “Jihad will not be permitted in the name of love at any cost in the state. Necessary legal provisions will be made against love jihad,” the chief minister had said.

Until now, ‘love jihad’ was not a term recognised by any legal system in India. It was coined by Sangh parivar outfits to describe an imaginary Muslim conspiracy to convert unsuspecting Hindu women to Islam.

The term was also raked up recently after a 21-year-old student was shot dead outside her college in Ballabgarh, Haryana last month. The victim’s family has alleged that the accused had been pressuring her to convert and marry him.

Karnataka chief minister B.S. Yediyurappa has also said that his government would take measures to end religious conversions in the name of “love jihad”.

On Tuesday, the Uttar Pradesh government also approved the draft of a stringent law to deal with religious conversion for the sake of marriage, keeping its promise to tackle the Sangh parivar-imagined concept, ‘love jihad’.

The cabinet’s approval came in spite of the fact that on November 11, the Allahabad high court denounced a judgment by a single-judge bench that Adityanath has openly cited as proof that his crusade against ‘love jihad’ has teeth.

(With inputs from PTI)

Kerala Gold Smuggling Case: Man Arrested in Kochi Upon Arrival From UAE

The case pertains to the seizure of 30 kg gold worth Rs 14.82 crore on July 5, 2020, from diplomatic baggage at Air Cargo of Trivandrum International Airport.

New Delhi: The National Investigation Agency (NIA) on Monday arrested a man wanted in connection with the Kerala gold smuggling case as soon as he arrived from the UAE to Kochi, an official spokesperson said.

Rabins K. Hameed, a resident of Muvattupuzha in Kerala’s Ernakulam district, will be produced before a designated court on Tuesday for his remand by the agency, spokesperson and NIA Deputy Inspector General Sonia Narang said in a statement.

The case pertains to the seizure of 30 kg gold worth Rs 14.82 crore on July 5, 2020, from diplomatic baggage at Air Cargo of Trivandrum International Airport by Customs (Preventive) Commissionerate, Cochin.

Also read: Kerala: Contraband Gold Emerges Biggest Threat to Pinarayi Govt’s Popularity

Investigation in the case has revealed that Hameed while being in the UAE and India, had conspired with the arrested accused Ramees K.T, Jalal A.M, and others. He had also arranged funds and purchased gold at Dubai for smuggling to India through diplomatic baggage.

The NIA Special Court at Ernakulam had issued a non-bailable warrant for the arrest of Hameed, who is also alleged to have arranged for the concealment of gold in electronics or electrical equipment and household items in the UAE, for smuggling the contraband to Thiruvananthapuram.

Parliament Passes Bill To Punish Those Who Attack Healthcare Workers

The government had brought the ordinance on April 22, to amend the Epidemic Diseases Act, 1897, to make incidents of violence on health workers treating COVID-19 patients a non-bailable offence.

New Delhi: The Lok Sabha on Monday passed legislation that provides for up to seven years in jail for those attacking healthcare workers fighting the coronavirus or during any situation akin to the current pandemic.

The Epidemic Diseases (Amendment) Bill, 2020, will replace an ordinance issued in April by the government. The Rajya Sabha has already passed the bill on Saturday.

With the Lok Sabha giving its nod, it will soon become an act, which is going to amend 123-year-old legislation.

The government had brought the ordinance on April 22, 2020, to amend the Epidemic Diseases Act, 1897, to make incidents of violence on health workers treating COVID-19 patients a non-bailable offence, with provisions of a penalty and a jail term of up to seven years.

The bill intends to ensure that during any situation akin to the current pandemic, there is zero-tolerance to any form of violence against healthcare personnel and damage to property.

Under the proposed act, the commission or abetment of such violence will be punishable with imprisonment for a term of three months to five years and with a fine of Rs 50,000 to Rs 2,00,000.

In case of causing grievous hurt, the imprisonment shall be for a term of six months to seven years and with a fine of Rs One-Five lakh.

Replying to a debate on the bill in the Lower House, Health Minister Harsh Vardhan said this was empowering legislation and states could make additions to the act.

Also read: Cabinet Clears Ordinance to Punish Violence Against Health Workers, IMA Withdraws Protest

The ordinance has given a very strong message to perpetrators of violence against medical professionals and health workers during the pandemic, Vardhan said.

“We have all noticed that there has been a dramatic decline in the incidents of violence against health workers all over the country,” he said.

Vardhan explained that the ordinance had to be brought as incidents of harassment and violence against health workers were rising amid a lack of awareness about coronavirus.

“Everyone was feeling sad and bad. That was the time the Government thought of taking a proactive step. When the Government reviewed, it found there were minimal laws and powers in some states. There was a need to have a central law to put in place a prohibitory mechanism to stop such activities,” Vardhan said.

With regard to certain objections raised by members from opposition parties regarding some legal flaws in the Bill, he said the bill had been drafted after taking legal opinion.

Adhir Chowdhury of the Congress said it seemed that the Government had brought the Bill in haste as certain provisions were an area of concern.

As the saying goes, “haste makes waste”, he said, adding: “I would request the Government to send the bill to the standing committee and comprehensive legislation should be brought in.”

Under the bill, there is a provision that says the offender would be presumed to be guilty of the offence unless proved otherwise by the accused defender, Chowdhury said, adding that this was an incomplete deviation from the principles of the country’s criminal law.

Bhartruhari Mahtab of the BJD and Kalyan Banerjee of the TMC also raised legal lacuna in the bill and wanted the government to consider changes.

The Health Minister said, “our government from the last 3-4 years is working on a National Public Health Act to comprehensively deal with issues related to biological emergencies”.

Subhash Bhamre of the BJP said healthcare workers should be allowed to work in an environment free of abuse. He said 68,000 healthcare workers had tested positive for coronavirus so far and 500 doctors had lost their lives due to the infection.

Bhamre said when doctors were working round the clock, donning PPEs, which makes it difficult to work, and without caring for their lives, the healthcare workers should get the respect they deserve.

T Sumathy Thangapandian of the DMK said the bill talked about violence against healthcare personnel during the pandemic, asking what would be the case after the pandemic ended.

Kalyan Banerjee said West Bengal already had legislation that provides protection to healthcare workers. He said the states should be authorised to take a decision on the punishment.

K Suresh of the Congress cited various instances when healthcare workers and doctors were attacked during the pandemic.

Sedition Case Filed Against Me for Exposing UP Govt: AAP Leader Sanjay Singh

“In Uttar Pradesh, I raised my voice against injustice and crime. I raised my voice against the Corona scandal. Hence, a case of sedition has been filed against me,” Singh said.

New Delhi/Lucknow: AAP leader Sanjay Singh on Friday said a case of sedition has been filed against him in Uttar Pradesh after he exposed the corruption and scams taking place under the Yogi Adityanath government in parliament.

Singh, who is in-charge of the state unit of the Aam Aadmi Party, said he will visit UP on Sunday and get himself arrested.

The Uttar Pradesh police had lodged an FIR against the AAP leader under various sections of the IPC, including 501A (printing or engraving matter knowing it to be defamatory), 120 (a) (conspiracy) and IT Act, on September 2, 2020, at the Hazratganj police station, for undertaking a survey, a senior state government official said.

However, besides these sections, a sedition charge under 124 (A) has also been included in the notice sent to Singh by the Lucknow police on Thursday, sources said.

The notice, sent to Singh on his New Delhi address, besides other charges mentions charges under IPC 124 A, 153 A (promoting enmity between classes), and 153 B (imputations, assertions prejudicial to national integration).

Also read: Reading the Evolution of Censorship and Sedition in India

“The charges against you are serious and non-bailable. You are requested to reach on September 20, 2020, at 11 am for presenting facts and evidence. If you fail to remain present, action will be taken against you,” the notice, sent by Investigation Officer (IO) at Hazratganj police station, AK Singh said.

Singh on Friday said, “I know I will be sent to jail soon because I exposed the Yogi government. Why, just because I raised the issue of killings and scams in UP,” he said.

Addressing a press conference, Singh said he has been slapped with charges of being “anti-national” after he exposed the ongoing corruption and killing in the state.

“In Uttar Pradesh, I raised my voice against injustice and crime. I raised my voice against the Corona scandal. Hence, a case of sedition has been filed against me,” he said.

He said he raised the issue in Rajya Sabha and got support from various parties on this issue. “In Rajya Sabha, 37 MPs from 12 parties, including the Congress and the NCP, supported me and I was also assured by the Rajya Sabha Chairman that the matter will be looked into,” Singh said.

Also read: Delhi Riots Were Engineered by BJP, Says AAP Leader Sanjay Singh

A UP police spokesperson said besides Singh, three directors of a private company, which conducted the survey, have also been slapped with the charges of sedition and fraud.

In the survey, whose finding was released by Singh himself, it was said that the Yogi Adityanath government was working for a particular caste.

After the survey, at least 13 FIRs were lodged against Singh in various districts of the state.