Merely Because Boy & Girl Are From Different Religion It Cannot Have Religious Angle: Bombay HC in Alleged Love Jihad Case

A division bench of the Bombay High Court at Aurangabad has recently granted anticipatory bail to a Muslim woman and her family while observing that merely because the boy and girl are from different religions, it cannot have a religious angle.

The woman and her family had filed an application with the court seeking anticipatory bail after they were denied bail by a special court in Aurangabad.

The man had accused the woman and her family of forcing him to convert to Islam and subjecting him to forced circumcision. He had also claimed that the case had a "love jihad" angle and that he was forced to make monetary transactions in favor of the woman's family.

The man also alleged that he was abused based on his caste. However, the court noted that the man himself had admitted being in a love affair with the woman according to the first information report (FIR) filed by the prosecution.

The man belonged to the Scheduled Caste community but did not disclose this to the woman.

The court also acknowledged the other allegations made by the man in his complaint, including claims of his abduction and forced circumcision in March 2021, demands to convert him to Islam, financial demands from the woman, and a rape case filed against him.

Despite these incidents, the court observed that the man did not end his relationship with the accused woman. Additionally, court pointed out that the FIR was only filed in December 2022.

With respect to forced circumcision, the court called upon an expert but the expert could not explain if the circumcision was done by a medical professional or by way of a traditional way of Islam.

The bench while granting anticipatory bail observed:

"It appears that now the colour has been tried to be given of Love-Jihad, but when love is accepted then there is less possibility of the person being trapped just for converting him into the other’s religion. The facts of the case i.e. contents of the FIR would show that there were many opportunities to the informant for severing his relationship with accused No.1 but he has not taken that step. Merely because the boy and girl are from different religion, it cannot have a religions angle. It can be a case of pure love for each other."

The bench also found that the prima facie relationship between both of them was good. Court said,

"That means he has posed, prima facie a good relationship between him and accused Nos.2 and 3 at that point of time. When the initial relationship was good and the caste or the religion was not the barrier for them, then the question of raising the issue of caste or community or religion at a later point of time will not arise. It appears that thereafter the relationship was bitter."

Case Title: Shaikh Sana Farheen Shahmir vs State of Maharashtra