Madras High Court Dismisses Purported Love Jihad Case

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Harshita, the lady love at 25 years of age is a major and that she had converted to Islam voluntarily and had applied for Bangladeshi citizenship to live with her husband there

Syed Ali Mujtaba

CHENNAI – The Madras High Court recently dismissed a case of ‘Love Jihad’, saying Ms. Harshita, the lady love at 25 years of age is a major and that she had converted to Islam voluntarily and had applied for Bangladeshi citizenship to live with her husband there.

The court was considering a petition filed by a father who contended that his daughter was a victim of radicalisation, undue influence, coercion, abduction, and captivity violating all her rights and human dignity.

The petitioner questioned his daughter’s conversion to Islam and marrying a Bangladeshi national and renouncing her Indian citizenship and voluntarily applying for Bangladeshi Citizenship.

The father submitted that his daughter’s application seeking citizenship in Bangladesh was made under threat, coercion and undue influence and thus, should not be considered.

He further submitted that since the issuance of any certificate would impact his daughter’s rights guaranteed under Article 21 of the Constitution, court intervention was necessary.

He pleaded with the court to direct the Central government to refrain from the declaration of renunciation of Indian citizenship and not to give NOC (no objection certificate) or certificate of renunciation of Indian citizenship to his daughter. 

The court observed that the daughter was a major and presently residing with her husband in Bangladesh.  A Habeas Corpus petition was moved earlier by the father seeking deportation of his daughter from Bangladesh to India.

The said petition was closed after the court recorded the statement of Harshita that she converted to Islam voluntarily and applied for Bangladesh citizenship of her own volition.

Justice Abdul Qudhose who heard the current case ruled that in view of the record of an earlier habeas corpus petition filed by the father, the National Investigation Agency had submitted a closure report in the Special Court for NIA cases with respect to the complaint lodged by the petitioner.

The judge noted that under such circumstances, this court is of the opinion that the question of granting relief in favor of the petitioner as sought for in the writ petition will not arise and dismissed the petition.

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Syed Ali Mujtaba is a journalist based in Chennai. He can be contacted at syedalimujtaba2007@gmail.com

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