Maharashtra Government Moves Towards a Legal Framework Against ‘Love Jihad’: A Political and Social Debate

On February 14, the Devendra Fadnavis-led Maharashtra government took a significant step by forming a seven-member committee to create a legal framework to tackle ‘love jihad’—a term often used to describe forced religious conversions through marriage. The committee, led by Director General of Police (DGP) Rashmi Shukla, comprises representatives from key departments, including Social Justice, Women and Child Welfare, Law & Judiciary, Minority Affairs, and Home Affairs.

The committee will study existing laws in other states and suggest a legal framework to curb religious conversions allegedly done under false pretenses. However, this move has triggered a fierce political debate, with the ruling coalition allies expressing reservations, while the Opposition has outright rejected it as a politically motivated decision.

Love Jihad: A Controversial but Persistent Debate

The term ‘love jihad’ is controversial, often used by right-wing groups to accuse Muslim men of luring Hindu women into relationships with the hidden agenda of converting them to Islam. This issue gained prominence after the brutal Shraddha Walker murder case, where 27-year-old Shraddha Walker, a Maharashtrian woman, was murdered and dismembered by her live-in partner Aaftab Poonawala in May 2022 in Delhi.

Walker’s murder shook the nation’s consciousness, sparking discussions about fraudulent interfaith relationships and the potential dangers of forced conversions. Given that Shraddha Walker hailed from Maharashtra, the BJP government vowed to take action against such cases, strengthening its stance on love jihad laws.

Political Calculations Behind the Move

Two years later, after a strong performance in the Maharashtra Assembly elections, the BJP-led Mahayuti government has decided to act on its commitment. With a comfortable majority, Fadnavis' government can pass any law in the State Assembly. However, challenges lie within its own alliance, as Ajit Pawar-led NCP and Ramdas Athawale-led RPI remain uncertain about supporting the law.

Meanwhile, Opposition parties, including Sharad Pawar’s NCP and the Congress, have slammed the move, calling it an attempt to divide communities before elections.

Allies Express Concerns: NCP and RPI’s Dilemma

Ajit Pawar’s NCP: Balancing Political Interests

Ajit Pawar’s NCP faction enjoys substantial support from Maharashtra’s Muslim community despite being in an alliance with the BJP. During the recent Assembly elections, Muslim voters supported Ajit Pawar’s candidates in several constituencies, even when he was aligned with the Hindutva-driven BJP and Shiv Sena.

This political equation has forced Ajit Pawar to maintain a neutral stance on the love jihad law. An NCP leader, speaking anonymously, stated:

“We are against crimes against women, but we do not support the singling out of any particular community.”

NCP’s non-committal stance reflects its electoral compulsions, as alienating the Muslim community could impact its political prospects in upcoming elections.

Ramdas Athawale’s RPI: Outright Opposition

Unlike NCP, Ramdas Athawale, leader of the Republican Party of India (RPI), has openly opposed the ‘love jihad’ law, calling it wrong and unconstitutional.

“Calling interfaith marriages as ‘love jihad’ is wrong and unacceptable. The Constitution does not discriminate based on caste, community, or religion. PM Narendra Modi’s welfare schemes benefit all communities equally—why discriminate when it comes to interfaith marriages?”

Athawale’s stance has put BJP in a tricky position, as he is a key Dalit ally within the ruling coalition. The BJP is now working behind the scenes to convince its allies about the necessity of the proposed law.

Fadnavis: Clarification and Strategic Delay

CM Devendra Fadnavis has clarified that his government is not against interfaith marriages but only against fraudulent marriages that involve deceit and forced conversion. He emphasized that the law will not target any particular community but will protect women from being misled or harassed.

Despite this, the Fadnavis government is in no hurry to table the bill. The proposed law will not be introduced in the upcoming Budget Session, as the government wants to:

1. Evaluate legal complexities to avoid judicial challenges.
2. Assess political risks and prevent opposition parties from exploiting differences within the ruling coalition.
3. Ensure public support before bringing the bill to the Assembly.

Love Jihad and Local Body Elections: A Political Weapon?

The timing of this move is crucial, as local body elections in Maharashtra are expected in April 2025. The BJP-led Mahayuti government is likely to aggressively push its Hindutva agenda to counter Uddhav Thackeray’s Shiv Sena faction.

Key electoral issues that the BJP is likely to focus on include:

• Love Jihad: Projecting itself as the protector of Hindu women.
• Vote Jihad: Allegations that certain political parties are using illegal means to manipulate elections.
• Land Jihad: Claims that certain communities are illegally acquiring land to alter demographics.

This strategy aims to consolidate Hindu votes while portraying the Opposition as ‘anti-Hindu’.

Opposition’s Stance: A Political and Religious Divide

The Maha Vikas Aghadi (MVA), consisting of Congress, Uddhav Thackeray’s Shiv Sena, and Sharad Pawar’s NCP, has strongly opposed the move.

Supriya Sule, MP from Baramati and Sharad Pawar’s daughter, questioned the government’s priorities, saying:

“Instead of interfering in personal choices like marriage, the government should focus on Maharashtra’s economy.”

Muslim Organizations React: A Communal Agenda?

Muslim organizations have also expressed their discontent, alleging that the proposed law is designed to target their community.

According to Maulana Shahbuddin Rizvi Barelvi, National President of the All India Muslim Jamaat:

“The law exposes the communal mindset of the Maharashtra government. Islam does not permit hiding one’s religious identity, nor is any Muslim institution involved in religious conversions.”

He further argued that there is no concrete data proving the existence of love jihad and that more Muslim women are converting to Hinduism than the other way around.

Conclusion: A Law Entangled in Politics and Religion

The proposed love jihad law in Maharashtra has reignited one of the most contentious debates in Indian politics. While the BJP is firm on its commitment, its allies remain skeptical, and the Opposition has rejected it outright.

As the local body elections approach, this issue is expected to dominate political discourse, with the BJP pushing its Hindutva agenda, while the Opposition accuses the ruling government of communal politics.

Whether this law sees the light of day or remains a political flashpoint will depend on how the BJP navigates internal opposition and legal hurdles in the coming months.

FAQs

1. What is the Maharashtra government’s proposed ‘love jihad’ law?
It is a legal framework being developed to prevent forced religious conversions through fraudulent marriages.

2. Why has the law become controversial?
Critics argue that the law targets a specific community and interferes in personal choices.

3. Is the law being introduced in the upcoming Budget Session?
No, the Maharashtra government is not rushing to introduce the law and is weighing legal and political implications.

4. How does this law affect local elections?
The BJP is likely to use this issue to consolidate Hindu votes ahead of local body elections.

5. What is the stance of BJP’s allies on this law?
Ajit Pawar’s NCP remains non-committal, while Ramdas Athawale’s RPI has openly opposed it.