Month: July 2021

SRINAGAR, Kashmir — Manmeet Kour Bali had to defend her marriage in court.

A Sikh by birth, Ms. Bali converted to Islam to marry a Muslim man. Her parents objected to a marriage outside their community and filed a police complaint against her new husband.

In court last month, she testified that she had married for love, not because she was coerced, according to a copy of her statement reviewed by The New York Times. Days later, she ended up in India’s capital of New Delhi, married to a Sikh man.

Religious diversity has defined India for centuries, recognized and protected in the country’s Constitution. But interfaith unions remain rare, taboo and increasingly illegal.

A spate of new laws across India, in states ruled by Prime Minister Narendra Modi’s Bharatiya Janata Party, or B.J.P., are seeking to banish such unions altogether.

While the rules apply broadly, right-wing supporters in the party portray such laws as necessary to curb “love jihad,” the idea that Muslim men marry women of other faiths to spread Islam. Critics contend that such laws fan anti-Muslim sentiment under a government promoting a Hindu nationalist agenda.

Last year, lawmakers in the northern Indian state of Uttar Pradesh passed legislation that makes religious conversion by marriage an offense punishable by up to 10 years in prison. So far, 162 people there have been arrested under the new law, although few have been convicted.

“The government is taking a decision that we will take tough measures to curb love jihad,” Yogi Adityanath, a Hindu monk and the top elected official of Uttar Pradesh, said shortly before that state’s Unlawful Religious Conversion Ordinance was passed.

Four other states ruled by the B.J.P. have either passed or introduced similar legislation.

In Kashmir, where Ms. Bali and Mr. Bhat lived, members of the Sikh community have disputed the legitimacy of the marriage, calling it “love jihad.” They are pushing for similar anti-conversion rules.

While proponents of such laws say they are meant to protect vulnerable women from predatory men, experts say they strip women of their agency.

“It is a fundamental right that women can marry by their own choice,” said Renu Mishra, a lawyer and women’s rights activist in Lucknow, the Uttar Pradesh state capital.

“Generally the government and the police officials have the same mind-set of patriarchy,” she added. “Actually, they are not implementing the law, they are only implementing their mind-set.”

Across the country, vigilante groups have created a vast network of local informers, who tip off the police to planned interfaith marriages.

One of the largest is Bajrang Dal, or the Brigade of Hanuman, the Hindu monkey god. The group has filed dozens of police complaints against Muslim suitors or grooms, according to Rakesh Verma, a member in Lucknow.

“The root cause of this disease is the same everywhere,” Mr. Verma said. “They want to lure Hindu women and then change their religion.”

Responding to a tip, the police in Uttar Pradesh interrupted a wedding ceremony in December. The couple were taken into custody, and released the following day when both proved they were Muslim, according to regional police, who blamed “antisocial elements” for spreading false rumors.

A Pew Research Center study found that most Indians are opposed to anyone, but particularly women, marrying outside their religion. The majority of Indian marriages — four out of five — are arranged.

The backlash against interfaith marriages is so widespread that in 2018, India’s Supreme Court ordered state authorities to provide security and safe houses to those who wed against the will of their communities.

In its ruling, the court said outsiders “cannot create a situation whereby such couples are placed in a hostile environment.”

The country’s constitutional right to privacy has also been interpreted to protect couples from pressure, harassment and violence from families and religious communities.

Muhabit Khan, a Muslim, and Reema Singh, a Hindu, kept their courtship secret from their families, meeting for years in dark alleyways, abandoned houses and desolate graveyards. Ms. Singh said her father threatened to burn her alive if she stayed with Mr. Khan.

In 2019, they married in a small ceremony with four guests, thinking their families would eventually accept their decision. They never did, and the couple left the central Indian city of Bhopal to start a new life together in a new city.

“The hate has triumphed over love in India,” Mr. Khan said, “And it doesn’t seem it will go anywhere soon.”

In Bhopal, the capital of Madhya Pradesh state, the B.J.P.-led government passed a bill in March modeled after the Uttar Pradesh law, stiffening penalties for religious conversion through marriage and making annulments easier to obtain.

The government is not “averse to love,” said the state’s home minister, Narottam Mishra, “but is against jihad.”

Members of Kashmir’s Sikh community are using Ms. Bali’s marriage to a Muslim man, Shahid Nazir Bhat, to press for a similar law in Jammu and Kashmir.

“We immediately need a law banning interfaith marriage here,” said Jagmohan Singh Raina, a Sikh activist based in Srinagar. “It will help save our daughters, both Muslims and Sikhs.”

At a mosque in northern Kashmir in early June, Ms. Bali, 19, and Mr. Bhat, 29, performed Nikah, a commitment to follow Islamic law during their marriage, according to their notarized marriage agreement.

Afterward, Ms. Bali returned to her parents’ home, where she said she was repeatedly beaten over the relationship.

“Now my family is torturing me. If anything happens to me or to my husband, I will kill myself,” she said in a video posted to social media.

The day after she recorded the video, Ms. Bali left home and reunited with Mr. Bhat.

Even though a religious ceremony between people of the same faith — as Mr. Bhat and Ms. Bali were after her conversion — are recognized as legally valid, the couple had a civil ceremony and got a marriage license to bolster their legal protections. The marriage agreement noted that the union “has been contracted by the parties against the wish, will and consent of their respective parents.

“Like thousands of other couples who don’t share same the religious belief but respect each other’s faith, we thought we will create a small world of our own where love will triumph over everything else,” Mr. Bhat said. “But that very religion became the reason of our separation.”

Ms. Bali’s father filed a police complaint against Mr. Bhat, accusing him of kidnapping his daughter and forcing her to convert.

On June 24, the couple turned themselves into the police in Srinagar, where both were detained.

At the court, Ms. Bali recorded her testimony before a judicial magistrate, attesting that it was her will to convert to Islam and marry Mr. Bhat, according to her statement. Outside, her parents and dozens of Sikh protesters protested, demanding that she be returned to them.

It is unclear how the court ruled. The judicial magistrate declined requests for a transcript or an interview. Her parents declined an interview request.

The day after the hearing, Manjinder Singh Sirsa, the head of the largest Sikh gurudwara in New Delhi, flew to Srinagar. He picked up Ms. Bali, with her parents, and helped organize her marriage to another man, a Sikh. Following the ceremony, Mr. Sirsa flew with the couple to Delhi.

“It would be wrong to say that I convinced her,” Mr. Sirsa said in an interview. “If anything adverse was happening, she should have said.”

A written request for an interview with Ms. Bali was sent via Mr. Sirsa. He said she did not want to talk.

“She had a real breakdown,” he said, repeating Ms. Bali’s parents’ claims that their daughter was kidnapped and forced to marry Mr. Bhat.

Mr. Bhat was released from police custody four days after Ms. Bali left for Delhi.

At his home in Srinagar, he is fighting the kidnapping charges. He said he was preparing a legal battle to win her back, but he feared the Sikh community’s disapproval would make their separation permanent.

“If she comes back and tells a judge she is happy with that man, I will accept my fate,” he said.

Sameer Yasir and Iqbal Kirmani reported from Srinagar, Kashmir, and Emily Schmall reported from New Delhi.