Multiple states presently have marriage laws that prevent consenting adults from getting married if it involves conversion of religion. Gujarat has proposed a law that requires parental consent even for marriages where there is no change in religion. In contrast, Karnataka has proposed a law that seeks to protect two consenting adults if they choose to get married, even if their families or communities are opposed to it.The Karnataka Freedom Of Choice In Marriage And Prevention And Prohibition Of Crimes In The Name Of Honour And Tradition Bill has been passed by the state legislature and is to get the Governor’s approval to become law.The bill was moved months after the killing of 19-year-old Manya Patil, who was six months pregnant, in Dharwad in December. Her Lingayat family allegedly opposed her marriage to a boy who was from a scheduled caste.
Her father and family members were arrested for the murder.The BJP, which is in the opposition in the state, termed the bill an anti-Hindu law. While the law officially doesn’t deal with religion, its provisions could allow for any couple facing opposition to their marriage – even one involving different religions – to get protection from the state. The law also comes at a time when ‘honour killings’, where couples are targeted over inter-caste or inter-religious marriages, have increased.
Multiple analyses have pointed out that existing documentation of such cases is unreliable given the absence of an ‘honour killing law’ despite the Supreme Court’s recommendation and multiple states classifying such cases differently.
A law where even family can’t object “It becomes the govt’s duty to ensure freedom of choice in marriage and caste-based crimes,” said law and parliamentary affairs minister HK Patil.The bill says that any two persons who are otherwise eligible to marry if they meet age requirements stipulated by law “have a right to marry any person of their choice” without facing any hindrance “from anyone including the parents and family members of both the parties”. The explicit consent of the person’s parents, family, caste or clan is not necessary once two adults agree to get married. Anything done to oppose this decision would face prosecution under this proposed law. The bill says that while any couple can get married, they can approach state authorities for protection if they fear opposition, or police cases being filed against them. The bill also has a specific safeguard for inter-caste marriages. An inter-caste couple that plans to get married, if facing opposition, can inform a district magistrate or a designated officer – orally or in writing. This information will be passed on to the nearest police station to ensure no action is taken against the couple in case anyone files an FIR against either of them.No social boycott or violence in the name of ‘honour’ The proposed law is expansive in what constitutes a crime in the name of ‘honour’. It doesn’t just aim to end violence by family or community members against a couple but also:• Social and economic boycott• Forcing couples apart or into other marriages• Confiscating phones, freezing of their bank accounts• Declaring couples as siblings• Performing death rituals for living persons involved in the marriage• Spreading rumours or isolating families of the coupleThe bill would permit district authorities to shut down gatherings – presumably by community or caste groups – that may be planned to oppose a marriage.The bill proposes that if a couple informs authorities about any potential risk, the police is required to act within six hours to ensure their security, including by putting them in a safe house, where they can have access to lawyers or NGOs. Safe houses are expected to be created in every one of the state’s 31 districts.If a couple fears they will not be able to conduct their wedding, the police are required to provide protection so that they can solemnise their marriage.The state government is required to identify areas where such ‘honour’-based crimes have taken place over the last five years and respective heads of police stations will be required to be more vigilant in cases of inter-caste marriages. ‘Special cells’ will be created in every district and there will be a 24-hour helpline for couples. The bill also proposes creation of ‘Eva Nammava Vedike’ committees set up to help couples solemnise their marriage and for counselling services.Punishment for targeting such couplesThe idea behind the proposed law is to also speedily deliver justice in cases where couples are targeted. The state government has proposed that district courts be designated as special fast track courts to process cases that may be filed for ‘honour’-related crimes. The proposed law is also very clear on punishments for those targeting the union of two consenting adults.There are different punishments for conspiring, killing, hurting, acting against the family of the couple or even assembling to oppose a marriage.
The punishments range from a minimum of six months to five years under the law, and that’s in addition to other laws that a person may face punishment. Any government officials failing to perform their duty under this act will be liable to face departmental action. Criticism and issues not dealt with Former BJP minister S Suresh Kumar alleged the bill targets only the Hindu community in the guise of inter-caste marriages and said the party would oppose the bill.Community organisations representing upper castes, including Veerashaiva-Lingayats and Vokkaligas, have expressed reservations about the bill. “While the bill title is derived from Basavanna’s vachana with emphasis on inclusivity, the bill promotes exclusivity. We’ll plan our next step depending on the government’s move,” said HM Renuka Prasanna, national secretary of Akhila Bharata Veerashaiva-Lingayat Mahasabha told TOI.Some said existing laws already cover honour killings and related crimes. “The bill’s many penal provisions appear superfluous and unnecessary. Murder has always been punishable in India and today’s law prescribes life imprisonment and even death for murder,” said Supreme Court advocate K V Dhananjay.However, there’s no denying there could also be benefits of a law to target an issue that has persisted despite action under existing laws for decades.
The bill would allow for the state to actively protect at-risk couples before they are targeted. By being vague in its wording about religion, it could also protect inter-religious marriages that may be opposed by religious groups. This matters because while the Congress government in the state said it would repeal the Karnataka Protection of Right to Freedom of Religion law, it hasn’t actually done so. The law allows the state to nullify a marriage conducted if a complaint is filed against an inter-religious marriage and religious conversion for the marriage didn’t take place as per procedure specified under the law. While anti-conversion law mirrors ‘anti-love jihad’ laws passed in other BJP-ruled states, the present Karnataka government recently said that cases under the law have fallen during its term. A big question – as always – with any new law will be its implementation. The creation, or repurposing, of safe houses for couples, helplines, committee formation, and other proposals under the proposed law could take time and money to implement and this government has just two years left in its term. While the bill does give consenting adults to choose their futures with a companion of their choice, it remains to be seen if it can be implemented in keeping with its intent and if it will survive any political change in the state.
