A group of inter-faith people wants to come together to celebrate love. They want to sing, dance, and celebrate their stories. They want to make merry and spread the message of inter-religious love.
It is a gathering like any other. Like weddings. Like groups shopping in malls. But, much smaller than election rallies that have taken place since the complete lockdown was lifted.
But the police denied them permission
Why did they do that? Well, the police cite COVID-19. It also cites restrictions on the assembly of more than five people under Section 144 of the Criminal Procedure Code in central Delhi.
“In fact, in the letter written to Delhi Police, a copy of which is with The Leaflet, the organisers had assured that they would exercise the utmost care and follow proper COVID-19 guidelines to ensure that peace and health care was not hampered in any manner.
On December 22, 2020, Tehseen Poonawalla, a political analyst, had sought written permission from the Delhi Police. The couples were coming together under the banner of 'India Against Love Jihad Law' led by Poonawalla, social scientist Akriti Bhatia and lawyer Mani Chander.
The collective was going to abide by all the COVID-19 protocols that have been put in place for gatherings. The group was certain that they won't exceed 50 people.
In fact, in the letter written to Delhi Police, a copy of which is with The Leaflet, the organisers had assured that they would exercise the utmost care and follow proper COVID-19 guidelines to ensure that peace and health care was not hampered in any manner.
“In their press release, the group said that they firmly believed that love did not discriminate against religion, caste, or gender, and to celebrate love and inclusiveness, they were just inviting people to join them in a musical afternoon singing, dancing, and reciting poetry.
The event was not even a protest, but a celebration of love.
The only reason they sought to assemble at Jantar Mantar is because it is one of the designated places to assemble.
"We are trying to defy the illusory notion of love jihad," said Advocate Mani Chander.
In their press release, the group said that they firmly believed that love did not discriminate against religion, caste, or gender, and to celebrate love and inclusiveness, they were just inviting people to join them in a musical afternoon singing, dancing, and reciting poetry.
The group even extended an invitation to the Prime Minister, Home Minister and Chief Minister of Uttar Pradesh and Madhya Pradesh to join them to "see what a beautiful thing love is".
On January 2, a day before their scheduled event, the police sent them a letter denying their request for permission.
"We were shocked because we thought we were on good terms with the Delhi Police. But then they said that humein upar se order hai (we have received orders from above) to not allow 'such couples' to hold the event," says Ayush Rajawat, one of the organisers.
“They express concern against denial of permission by the state to those who choose to voice their dissent against state policies. They also express solidarity with the farmers protesting peacefully, who were also denied permission to enter the capital city and were subjected to police brutality.
The group then assembled in Greater Kailash at a private place where they sang songs and shared stories. They are now looking to conduct the event again on January 10.
With the full intention of holding the event, they have sought permission from the Delhi Police again and are still waiting to hear from them.
Chander had written to the National Human Rights Commission raising questions on the misogynistic aspects of the anti-religious conversion laws related to marriage. They had called it "a prime example of patriarchal fear-mongering". With over 1500 signatories, the letter was signed as 'Adult Women of India".
Earlier this week, on January 5, the group wrote to the Chief Justice of India against 'the state's brazen clampdown on the fundamental right to assemble' that while is subjected to reasonable restrictions, cannot mean a blanket ban on public demonstrations.
In the letter, the group raises that during the Bihar elections, political rallies were held despite COVID-19.
They express concern against denial of permission by the state to those who choose to voice their dissent against state policies. They also express solidarity with the farmers protesting peacefully, who were also denied permission to enter the capital city and were subjected to police brutality.
Highlighting the need to examine the use of the state's unfettered power under Section 144 to stifle criticism, the group raised the Supreme Court's ruling in Anuradha Bhasin's case that restricted the use of Section 144 to cases of genuine emergency only.
"We wrote to the CJI because we have no other recourse. This is a mark of a protest and our concern that any public demonstration is an attempt to bring the court's attention to these absurd and bizarre acts by the state," Chander said.
All we seek to do is to celebrate love, and as of today it is not unconstitutional, says their letter.
(Megha Katheria is a sub-editor with The Leaflet.)