In a statement, All India Lawyers Association for Justice (AILAJ) said that Shri Ravi Kumar Diwakar, a Judicial Officer from Uttar Pradesh, who rose to fame for his infamous Order dated 05.03.2024 where he made numerous prejudicial, and bigoted statements, including that the head of the state must be a religious person has once again made news with his comments on the Muslim community. This time while handing a life sentence to a Muslim man for allegedly raping his Hindu girlfriend, the judge in his order dated 30.09.2024, without any proof or rationale, brands the incident as one of ‘love jihad.’
The statement noted that critically, the complainant was unequivocal during the trial that the case was filed under pressure from Hindu organisations and her parents (page 23 – 24 of the order). She also stated that her statements under 164 CrPC before the Magistrate were given under the pressure of the parents (page 24). However, judge Diwakar disregards the complainant’s testimony claiming that there is no truth in her allegation since the “The victim is an educated woman’ who is unlikely to buckle under the pressure of her parents.
Importantly, this was a case about rape, not one of unlawful conversion, and yet the additional district judge Ravi Kumar Diwakar indulges in the bogey of conversation, ultimately even ruling that this is a case unlawful conversion through love jihad. He also criticises the police for not invoking the correct charges under the anti-conversion law and subsequently passes a direction that his judgement be sent to all the police stations in the district so police officers are informed about including provisions on all anti-conversion in all cases of illegal conversion and love jihad. He has also directed that copies of the judgement be sent to the Director General of Police and Chief Secretary, Uttar Pradesh Government, with the intention that they should strictly enforce the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021 in Uttar Pradesh.
This conviction order is not only problematic for its right-wing views and its propagandizing of anti-Muslim sentiments but for its questionable understanding of women’s consent. By saying that educated women cannot succumb to pressure from their parents, Judge Diwakar betrays his ignorance of the patriarchal nature of Indian society where education women are beholden to conservative and patriarchal influences often by coercion and force.
AILAJ statement noted that this communal, misogynous and paternalistic judgement poses serious questions about the process through which judges are being appointed, trained and having their performances reviewed, and exposes the lack of immediate action when judges betray the foundational ideas of justice and equality owing to their prejudices and political leanings. In this case, the fundamental principles of criminal jurisprudence, and appreciation of evidence, are thrown to the winds, as the judge, motivated by his prejudices against the Muslim community, force-fits evidence to suit his preconceived communal conspiracy theory of love jihad. Let us not mince words in saying that when prejudices predominate the judge's reasoning, the biggest casualty is the rule of law and the Constitution.
In the statement, AILAJ said there needs to be strict attention against such conduct to ensure restoring legitimacy to the judicial system. Shri Ravi Kumar Diwakar is unfit to continue as a judicial officer and necessary action has to be taken to ensure that he does not.
