‘Love Jihad’ has no legal definition: Calcutta High Court

Kolkata: The Calcutta High Court has found no material indicating an attempt to convert a woman to Islam in a case labelled “love jihad”, while refusing to cancel criminal proceedings against a police constable and his family members over allegations of deception, assault and sexual intercourse without consent, according to a report by Live Law.

Justice Ajay Kumar Gupta observed that the case centred on allegations that the principal accused had concealed his identity, religion and marital status. The court noted that “love jihad” has no legal definition and is not recognised or criminalised under any central legislation. West Bengal also has no law specifically targeting the alleged practice or any anti-conversion legislation in force.

Dismissing the accused’s petition on October 15, the court held that the complaint, case diary and charge sheet prima facie disclosed cognizable offences. It said the accused’s defence required an assessment of evidence that could not be undertaken while considering a petition under Section 482 of the Code of Criminal Procedure.

The complaint alleged that the woman met the accused in late 2016, when he introduced himself as Rajib Sarkar, claimed to be a Hindu bachelor and said he was a police constable. She alleged that he had promised to marry her and that they had established a physical relationship on that basis.

According to her complaint, he married her in a temple in Digha in May 2021, following Hindu rites, without disclosing his actual identity. They later lived in rented accommodation in Bardhaman.

The woman alleged that she discovered his identity, religion and existing marriage after receiving a call from another woman claiming to be his wife. She further accused him of assaulting and confining her and having sex with her against her will.

The court refused to intervene at this stage, observing that doing so would effectively require a mini-trial.